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THE 


BUSINESS    MAN'S 
ADVISER: 


CONSISTING    OF 


THE  BUSINESS  MAN'S  ASSISTANT 

AND  EEADY  EECKONER ; 

THE  TRADER'S  GUIDE; 

AND 

THE  LANDLORD'S  &  TENANT'S 

ASSISTANT. 


By    I  .    R.     BUTTS, 

ASSISTED      BY      MEMBERS      OF     THE      BAR. 


BOSTON  : 

PUBLISHED   BY   I.  R.  BUTTS,  2  SCHOOL  STREET, 
NEW     YORK: 

II.    LONG    &    BRO.,    121    NASSAU    STREET. 

AND    SOLD    BY 

Traveling  Agents  throughout  the  U.  States. 
1855. 


r 


\ 


OF    THE 

Business  Man's  Adviser. 


This  Volume  comprises  three  Books,  [and  contains  a  large 
amount  of  information  indispensable  to  the  Man  of  Business ; 
and  will  be  found  to  make  a  vast  saving  to  every  Tradesman's 
pocket  who  may  be  disposed  to  have  so  reasonable  a  Practical 
Adviser  at  his  elbow. 

The  first  Book  contains  a  judicious  selection  of  legal  Forms  with  In- 
structions, and  a  larger  number  and  variety  of  useful  Tables  than  are  to 
be  found  in  any  other  work. 

A  glance  at  a  portion  of  its  Contents  will  demonstrate  its  great  Practical  Utility. 

Rules  of  Law  relating  to  Contracts,  <^c.,  viz  :  What  is  an  express,  implied,  simple, 
or  sealed  Contract  ?  What  does  a  contract  require  to  render  it  valid  ?  When  is  it 
void  in  law  ?  If  I  bind  myself  not  to  carry  on  my  trade  or  business,  am  I  bound  by 
such  agreement  ?  If  I  promise  to  pay  the  debt  of  another,  is  such  promise  binding  1 
If  I  bargain  for  a  lot  of  goods  why  am  1  not  obli^d  to  take  them  ?  or,  why  is  seller 
not  obliged  to  deliver  them?  pp.  10,  11.  —  When  docs  a  debt,  note,  or  bill, 
cease  to  be  collectable  ?  When  is  a  contract  made  on  Sunday  not  void  ?  How 
should  a  contract  be  constructed  ?  How  should  contracts  be  performed  ?  Wliat  con- 
stitutes fraud '!  How  arc  contracts  rescinded  ?  How  should  a  tender  be  made  ? 
When  is  interest  allowed,  and  how  ?  When  will  an  action  lie  for  negligence  ?  What 
are  the  Liabilities  of  Innkeepers,  Common  Carriers,  and  Agents  I    pp.  11  to  15. 

Agreements,  several  forms  of,  —  Why  should  Contracts  be  in  writing  ?  pp.  16  to  19. 

Apprentice,  Indenture  of:  —  Laws  in  relation  to.    pp.  19,  20. 

Assignments,  several  forms  of  Bonds,  Contracts,  Bills  of  Sale,  Lease,  Mortgage, 
Insurance,  Interest  in  Land,  of  Debtor,  of  all  Claims  against  Debtor. —  pp.  20  to  25. 

Aioards,  forms  of,  pp.  25,  26.  —  What  is  the  dutyot  Referees,  and  how  shall  tliey 
make  out  and  render  ttieir  award  1  If  by  Agreement,  Bond,  or  Rule  of  Court  7  p.  22. 

Bills  of  Sale,  ^'C,  forms  of,  pp.  27,  28.  —  What  is  the  duty  of  the  seller  ?  What  is 
the  duty  of  the  buyer  ?  Where  no  price  is  named,  what  price  does  the  law  allow? 
Where  is  the  place  of  delivery  ?  What  is  a  Warranty,  and  when  void  ?  pp.  27. 28. 

J3o«ds,  several  forms  of,  —  Rules  of  Law  in  relation  to  Bonds,    pp.  28  to  32. 

Copartnership,  form  of,  Continuance,  Dissolution,  Sic,  pp.  32  to  35.  —  How  may 
persons  enter  into  partnership,  special  or  general  ?  What  are  the  responsibilities  of 
partners  ?  How  does  a  person  render  himself  liable  as  a  partner  ?  p.  32. 

Compositions  with  Creditors,  forms  of,  to  take  a  certain  percentage.  —  pp.  35,  36. 

Cautions  to  Buyers  and  Sellers  of  Real  Estate,  pp.  37,  38. — Which  is  the  most 
direct  way  to  ascertain  the  validity  of  the  title  ?  By  what  mode  can  wc  ascertain  if 
there  be  an  incumbrance  ?  How  should  the  land  be  described  ?  If  the  purchaser  in- 
tends to  assume  the  mortgage  how  should  it  be  stated  in  the  deed  ?  or,  if  a  right  of 
way  be  granted,  or  reserved  ?     How  should  a  Deed  be  written  ?    pp.  36,  37,  38. 

Deeds,  of  Quit  Claim,  of  Warranty,  of  Trustee,  of  Attorney,  of  Father  to  Married 
Daughter  to  her  sole  use.  of  Right  of  Way,  of  Personal  Chattels  to  Married  Daughter 
to  her  own  use,  of  Wife's  Real  Estate,  die.  pp.  38  to  45. 

Directions  as  to  the  Signing,  Sealing,  Witnessing,  Delivering,  Acknowledgingr,  and 
Recording  of  Deeds,  and  the  mode  of  Executing  Deeds  in  all  the  States,    pp.  5,6,  7. 

Easement.  How  long  must  I  enjoy  a  privilege  before  it  becomes  a  rigiit  ?  How 
shall  the  acquiring  of  such  a  right  be  prevented  ?  p.  4^1. 

L.eases,  forms  of,  pp.  47,  48,  49.  —  What  is  a  Lease,  and  if  in  wri'.ing  how  exeen- 
ted  ?  In  what  cases  should  a  Lease  be  registered,  or  recorded  ?  What  cautions  are 
necessary  to  be  observed  on  taking  a  Lease  ?  p.  8. 


4  ADVERTISEMENT    AND    INDEX. 

Noticet,  forms  of,  for  Terminating  Tenancy,  and  for  Non-payment  of  Rent,  p.  49. 

Wills,  forms  of,  pp.  65,  66.  —  What  precautions  are  to  be  attended  to  in  making 
Wills  7  What  is  the  nature  and  execution  of  Wills  ?  Who  should  not  be  witnesses  to 
a  Will  ?  How  many  witnesses  are  required,  and  how  should  they  subscribe  the  Will  ? 
Who  may  make  a  will  ?  How  may  be  revoked?  What  is  a  Codicil  ?  pp.  9. 

Gtiarantees,  forms  of,  for  Goods,  for  Rent,  &c.  —  How  should  Guarantee  be  writ- 
ten in  order  to  prevent  its  being  taken  for  a  continuing  Guarantee  ?  p.  46. 

Mortgages,  forms  of.  Personal  and  Real,  Power  of  Sale  Mortgage,  Quit  Claim  of, 
Discharge  of.  Foreclosure  of.  Rights  of  Mortgagor  and  of  Mortgagee,  &c.,  pp.  60  to  57. 

Where  should  a  mortgage  of  personal  property  be  recorded  1  Suppose  the  mort- 
gagor resides  in  one  town  and  does  business  in  another  ?  What  time  is  allowed  to 
mortgagor  to  redeem  ?  What  State  requires  that  mortgage  should  be  renewed  ?  How 
does  mortgagor  render  himself  liable  for  misdemeanor  ?  How  can  mortgagee  take 
possession  of  the  estate  and  eject  the  mortgagor,  though  no  condition  be  broken  ? 
When  can  Real  Estate  be  Redeemed — who  has  the  right  to  redeem  ?  pp.50,  51,  66. 

Notes,  Bills  of  Exchange,  Due  Bills,  Receipts,  forms  of,  pp.  68  to  60.  —  If  a  per- 
son take  an  indorsed  Note  on  Demand,  within  what  time  should  demand  for  payment 
be  made  in  order  to  subiecl  indorser  ?  When  should  indorser  be  notified  of  Non-pay- 
ment of  Note  ?  When  should  Bill,  or  Draft,  be  presented  for  acceptance  or  payment, 
and  what  must  holder  do,  on  failure  of  acceptance  or  payment?   pp.  58, 69,  oO, 

Petitions,  forms  of,  to  Governor,  Legislature,  City,  Town,  Court,  &c.,  p.  61. 

Powers  of  Attorney,  forms  of,  to  Sell  Stock,  to  Collect  Debts,  to  Sell  and  Lease 
Land,  to  effect  Insurance,  to  receive  Dividends,  &c.,  pp.  C2,  63. 

Releases,  forms  of,  to  release  Dower,  Legacy,  and  all  Demands,  p.  64. 

Proxy,  form  of,  to  vote  for  Directors,  Trustees,  &c.  p.  65. 

Mechanic's  Lien  Law,  with  Certificate  of  Labor,  and  Form  of  Oath,  pp.  66,  67,  68. 

A  Journeyman  Carpenter  lost  six  months' wages  by  not  possessing  a:  copy  of  the 
Mechanic's  Lien  Law;  another,  §120.  bj'not  recording  his  Certificate  within  the 
time  limited;  another,  ^160.  by  not  examining  the  Records  to  ascertain  if  the  estate 
was  encumbered. 

Patents.  Directions,  with  Forms  of  Specifications,  Petitions,  Assignments,  Oath, 
Withdrawal, Surrender,  Disclaimer,  Caveat,  Improvements,  Fees, &c.,  pp.69  to  74. 

Rules  for  Measuring  Square  (or  Superficial)  Feet,  Cubic  (or  Solid)  Feet,  Cylin- 
ders, Cisterns,  Reservoirs,  and  any  other  Measure,  whether  dry  or  liquid,  pp.  75to77i 

Book-keeping,  a  Practical  System,  with  Instructions  and  Examples,  suited  to  the 
business  of  Traders,  Mechanics,  and  Farmers,  pp.  122  to  124. 

New  Rates  of  Postages  on  Letters,  Newspapers,  Periodicals,  Books,  &c.,  to  all 
parts  of  the  U.  S.,  Can.idas,  the  British  Provinces,  England,  France,  Gevmany,  Italy, 
Sweden,  Turkey,  Australia,  India,  and  other  ForeigTi  Countries,  pp.  121  to  128. 

To  which  has  been  added  a  greater  number  of  useful  and  practical  Taldes  than  are  to 

be  found  in  any  other  work — adapted  to  the  wants  of 
Merchants,  Manufacturers,  Mechanics,  Farmers,  Brokers,  Ship  Builders,  Boat  Build- 
ers, Machinists,  Blacksmiths,  Coppersmiths,  Masons,  Bricklayers,  Carpenters,  Inn- 
holders,  Boarding  Houses,  &c. ;  Dealers  in  Lumber,  Wood,  Bark,  Coal,  Iron,  Cop- 
per, Brass,  Lead,  Hay,  and  Merchandize  and  Produce  generally — consisting  of  Pro- 
duce and  Merchandise  Rkckoners  ;  Monthly,  Weekly,  and  Daily  Wages'  Tables 
for  Farmers,  Manufacturers,  &c.  ;  Tables,  givin"'  the  Square  Measure  of  Timber, 
Planks  and  Boards,  and  the  Cubic  Measure  of  Logs,  Timber,  Wood.  Bark,  Coal, 
Boxes,  Packages,  and  Stones  ;  Logs  reduced  to  Board  Measure ;  Tables  giving  the 
weight  ot  Round,  Flat,  Square  Bar  Iron — of  Sheet  Iron,  Copper,  and  Brass — of  Iron, 
Copper,  and  Lead  Pipes;  Strength  of  Ropes,  Chains,  and  Cylinders;  Tables  for 
Measuring  Brick  Work,  of  Areas  of  Circles,  Capacity  of  Cisterns  in  Gallons;  Inter- 
est, Equation,  Gold  and  Silver  Coin  Tables  ;  Foreign  Moneys  reduced  to  U.  S.  cur- 
rency ;  Tables  giving  the  present  Expectation  of  Life,  and  Value  of  a  Widow's  Dow- 
er; Administrator's  Account  Table  ;  Tables  of  Advance  and  Discount  on  Brit- 
ish Sterling  ;  United  States  and  English  Rules  for  Measuring  the  Tonnage 
of  Ships,  Steamers,  and  Goods — and  manj- other  Tables  of  practical  value. 

The  advantages  of  Ready  Reckoners  can  be  readily  shown  :  suppose  a  Farmer 
wantatokaow  what  19  bushels  of  com  come  to  at,43  cents  a  bushel,  or  56  lbs.  of 
Coffee  at  11  cents  a  lb.,  or  a  barrel  of  Cider  at  13  cents  a  gaL'on  :  by  referring  to  the 


ADVERTISEMENT    AXD    INDEX.  5 

Table  at  page  117,  of  the  Business  Man's  Assistant,  he  will  find  the  price,  and  bo  for 
any  number  of  bushels,  or  other  articles,  ranging  in  price  from  1  cent  to  ^S-OO.  So 
the  Machinist  if  he  wishes  to  obtain  the  weight  of  Flat  Bar  Iron  of  any  thickness  and 
breadth,  or  llie  weight  of  a  Square  Foot  of  various  Metals,  wire  guage  thickness,  or 
the  weight  of  Square  and  Round  Bar  iron,  can  find  the  information  at  pp.  95  to  100. 

A  Coal  Dealer  selling  or  buying  a  quantity  of  Coal,  which  exceeds  a  certain  nuin< 
ber  of  tons  by  two  hundred  pounds,  turns  to  the  Merchandize  Ready  Reckoner,  at 
pages  115  and  116,  and  obtains  the  price  of  200  lbs.  or  any  other  number  of  pounda, 
at  the  rate  for  which  he  may  be  selling.  So  the  Dealer  in  Iron,  Hemp,  or  other 
Merchandise,  will  find  the  Ready  Reckoner  a  useful  Table.  So  the  Wood  and  Bark 
Dealer  will  ficd  at  pages  93  &•  94,  tables  giving  the  prices  of  VVood  and  Bark  from 
1  foot,  and  upwards ;  and  also  the  Contents,  in  Cords  and  Feet,  of  any  Pile  of  Wood. 

A  Farmer  selling  2  tons  and  300  lbs.  of  Hay  at  the  rate  of  §2300  a  ton  of  2000  Iba. 
turns  to  the  Produce  Ready  Reckoner^  at  page  114  of  the  Business  Man's  Assistant, 
and  finds  the  price  of  300  lbs.,  or  any  number  of  pounds,  at  the  rate  of  523-00,  or 
other  price  per  ton,  much  quicker  than  any  Clerk  could  calculate  it. 


The  second  Book  is  devoted  principally  to  the  Laws  of  Trade.  The 
following  letter  from  a  gentleman,  whose  business  experience  has  qualified 
him  to  give  a  correct  opinion,  shows  in  what  estimation  he  holds  the  work. 

.from  Hon.  Amasa  Walker,  Secretary  of  State, 

Bear  Sir,  —  My  attention  has  been  recently  called  to  your  little  work,  en- 
titled "  The  Trader's  Guide."  The  impression  it  has  made  on  my  mind 
is,  that  had  I  been  in  possession  of  such  a  Work,  when  I  was  a  business  man. 
it  would  have  been  of  great  use  to  me.  I  can  now  see  that  I  groped  on  blind, 
ly  and  encountered  many  losses  and  embarrassments,  which  an  acquaintance 
with  your  book  would  have  saved  me. 

It  certainly,  I  think,  ought  to  be  in  the  hands  of  every  person  engaged  in 
trade,  and  I  commend  it  to  the  attention  of  all  such.  Clerks  who  wish  to  qual- 
ify themselves  for  usefulness  to  their  empfoyers,  and  for  success  when  they 
shall  undertake  business  for  themselves,  would,  I  am  sure,  do  well  to  make 
themselves  familiar  with  "  The  Trader's  Guide." 

The  following  introduces  the  Reader  to  a  portion  of  its  Contents. 

IIow  should  Books  be  kept  to  allow  of  their  admission  as  evidence  ;  and  what  ef- 
fect have  erasures  or  interlineations  1  &c.     See  Trader's  Guide,  page  7. 

When  is  a  Receipt  in  full  of  all  demands  conclusive  evidence  ;  and  when  is  it  not  T 
What  is  the  effect  of  a  release ;  and  how  should  it  be  executed,  and  what  does  it 
discharge  ?     See  Forms  of  Receipts  and  Releases  at  pp.  8  tfe  9. 

What  is  the  Advantage  and  Mode  of  Doing  Business  with  Banks  j  and  which  is 
iSie  safest  mode  of  remitting  money  to  distant  places  ?     pp.  10  &  11. 

How  should  a  note  or  draft  be  indorsed  in  order  to  avoid  all  liability  ?  How  in 
favor  of  a  particular  person  ?     How  as  an  Agent  ?     p.  12. 

Description  of,  and  Panics  to,  a  Bill  or  Note ;  Forms  of  Notes  and  Bills,  pp.  12 — 16. 

What  are  the  requisites  of  a  Bill  or  Note  ?  What  constitutes  the  validity  of  a  Note  t 
When  is  it  void  ?  What  is  the  effect  of  taking  a  Bill  or  Note  after  it  is  due  ?  pp.  16, 17 

When  should  Bills  be  presented  for  acceptance  1  How,  where,  and  to  whom 
should  a  Bill  be  presented  for  acceptance ;  if  drawee  should  not  be  at  home,  or  have 
lefl  the  country  ?  And  how  accepted  ?  What  is  the  liability  of  acceptor  if  bill  bo 
forced  ?  &c.     How  is  bill  or  note  accepted  for  Honor  ?     pp.  18  to  22. 

How  should  note  be  indorsed  }  and  what  is  the  liability  of  Indorsert     p.  23. 

How  must  Bill  or  Note  be  presented  for  Payment  if  the  Maker  be  dead,  insolvent, 
or  has  absconded  :  if  no  place  of  payment  is  specified  in  the  note  ;  if  note  is  dated  in 
one  State  and  maker  resides  in  another ;  if  maker  has  removed  into  another  State  b« 
fore  maturity  of  the  Note ;  if  the  maker  is  on  a  voyage,  &c.  ?  What  will  excuse  non 
presentment  ?  Will  accommodation,  waiver,  assignment,  or  promise  7  pp.  24  to  27 

When  should  note  on  demand  be  presented  for  payment  in  order  to  subject  the  in- 
dorser  ?  When  must  demand"be  made  if  note  is  on  interest  ?  To  whom  should 
payment  of  note  be  made  ?    Against  whom  can  action  be  brought  7    pp.  27  dt  28. 


/ 


b  ADVERTISEMENT    AND    INDEX. 

What  States  allow  of  days  of  grace  on  sight  drafts  ?  p.  28.  Why  should  notice 
of  non-payment  of  note  be  given  to  indorsers  ;  and  when,  and  by  whom — when  liv- 
ing in  the  same  town,  or  in  the  country  ?     pp.  29,  30  &  31. 

When  is  want  of  Notice  excused;  what  is  the  Form  of  Notice;  and  why  is  a  Pro- 
test of  a  Note  or  inland  Draft  not  required  by  law  ?     pp.  31  to  34. 

Suppose  a  Bill  or  Note  is  lost,  or  stolen,  or  altered,  or  forged,  what  is  the  remedy? 
What  are  the  liabilities  of  holders  of  Checks?     See  pp.  34,  35,  36. 

What  are  the  legal  damages  on  Protested  Bills  of  Exchange,  as  established  by 
Statute,  in  all  the  States  ?     pp.  37,  38,  39,  40. 

What  is  the  penalty  for  takmg  usurious  interest,  and  how  enforced  ?     p»  41. 

What  is  a  Contracll  How  must  a  simple  Contract  be  proved  ?  Who  is  capable 
of  entering  into  a  Contract ;  and  in  what  cases  can  a  Mmor,  Wife,  or  Seaman  ?  p.  42. 

Suppose  a  person  buys  goods  to  the  amount  of  £10.,  or  a  larger  sum,  —  how  can 
he  avoid  taking  them  ?  If  I  contract  to  do  any  certain  thing,  for  instance,  let  a  house 
for  more  than  one  year,  how  can  I  avoid  the  contract  ?  If  I  make  a  special  promise 
to  pay  the  debt  of  a  person,  how  can  1  avoid  the  promise  ?     pp.  46, 47. 

On  what  foundation  should  a  Contract  be  based, in  order  to  render  it  valid  ?  46,  48i 

Mr  Smith  owed  Mr.  Stock  §300,  and  being  desirous  of  going  to  California,  got 
Mr  Twist  to  be  his  surety.    Twist  consented, and  gave  Stock  the  following: 

"New  York,  July  27,   1852.    As  my  friend.  John  Smith  owes  jou  three  hun- 
dred dollars  I  will  pay  you  that  sum  for  him  on  the  first  day  of  September  next. 
5300.  Timothy  Twist." 

When  Stock  presented  the  above  for  payment  Twist  refused  tO  pay,  and  referred 
hira  to  p.  48  of  the  Trader's  Guide  for  further  information. 

If  1  agree  to  sell  a  lot  of  land  for  a  certain  price,  (even  before  witnesses,)  how  can 
1  avoid  the  bargain  ?  If  I  recommend  a  person  as  being  worth  money,  or  of  good 
character,  and  ample  ability  to  pay  his  debts,  &c.,  do  I  incur  any  liability  by  reason 
of  such,  recommendation  ?     When  do  I  not  incur  any  liability  ?     pp.  45,  46,  47,  48. 

If  I  employ  a  person  to  transact  any  business  for  me,  or  perform  work,  how  much 
does  the  law  require  that  I  should  pay  him  ?  If  1  pay  money  under  a  mistake,  can  1 
recover  it  back  1  If  1  voluntarily  undertake  to  do  an  act  for  another,  such  as  carry- 
ing money,  or  a  bundle  of  goods,  &.C.,  am  1  liable  if  loss  or  injury  occur  ?  If  I  sell 
bad  meat  or  vegetables,  am  I  liable  for  damages  ?  If  any  one  cheat  me  what  is  m^ 
remedy  ?  When  is  silence  construed  into  an  agreement  ?  If  I  sell  an  estate,  why  is 
not  the  purchaser  bound  to  confirm  the  bargain  ?     pp.  61,  52  &  63. 

What  constitutes  a  Sale  and  Delivery  of  Goods  ?  Suppose  the  goods  are  not  count- 
ed or  weighed,  and  before  delivery  are  destroyed,  on  whom  falls  the  loss ;  or  part  of 
the  goods  are  prepared  and  then  destroyed,  how  is  the  loss  settled  ;  or  to  be  manufac- 
tured, doco  any  properly  in  the  articles  pass  to  the  purchaser  ?  How  can  you  clinch 
a  bargain  ?  VVhose  duty  is  it  to  deliver  the  Goods,  and  where  is  the  place  of  delivery, 
and  at  whose  risk  are  they  ?     pp.  53, 64,  55,  56. 

What  constitutes  a  Warranty  of  Goods  ?  Suppose  1  expressly  warrant  the  Goods, 
or  only  give  a  general  warranty,  what  is  the  buyer's  remedy  7  Does  an  express 
warranty  extend  to  all  faults  unknown  to  the  seller  ?  If  I  warrant  the  soundness  of 
a  horse,  am  I  liable  though  there  be  defects  ?  What  is  the  liability  of  one  who  hires 
or  borrows  ?     When  is  a  Bill  of  Sale  evidence  of  Kraud  ?     pp.  67,  58. 

In  what  cases  can  1  avoid  the  fulfilment  of  a  Contract  ?  Suppose  a  person  obtains 
goods  upon  a  false  representation,  how  shall  I  proceed  to  obtain  payment,  or,  how 
shall  I  prove  that  he  made  a  false  representation  ?    pp.  59,  60. 

When  can  payment  be  demandea  where  no  stipulation  is  made,  &c.?  When  can 
Interest  be  claimed  ?  on  goods  sold  and  delivered  ;  on  an  implied  or  express  contract , 
on  a  note  payable  on  demand  ;  on  an  open  and  running  account ;  on  an  agreement ; 
from  an  agent?    What  is  the  Rule  o(^  Court  for  computing  Interest?     p.  61  to  63. 

When  does  an  Accoimt,  Bill  or  Note,  cease  to  be  collectable  ?  If  upon  open  and 
mutual  accounts  ?  If  the  debtor  is  out  of  the  State  ?  If  he  make  a  7iew  promise  to 
pay,  why  is  not  such  promise  binding  ?     or,  if  part  payment  is  made,  &c.  ?     pp.  64,  65. 

What  is  the  object  of  a  Trustee  Process,  and  who  is  liable  ?     pp.  65  &  66. 

How  is  a  Suit  at  Law  commenced  ?  What  Goods,  or  other  Articles,  is  it  unlaw- 
ful for  Sheriff  to  Attach  ?  In  what  cases  is  an  Officer  allowed  to  break  open  Doors  or 
Windows  of  a  Dwelling-house,  and  in  what  cases  is  Ife  not  ?  When  is  an  Arrest  ille- 
gal ?  What  is  the  Liability  of  an  Attorney  to  his  Client ;   if  he  neglect  Client's  inter- 


ADVERTISEMENT    AND    INDEX.  7 

est;  if  Client  be  injured  b^'  his  fault  or  negligence  ;  if  he  neglect  to  pay  over  money 
when  collected  ;  or  remit  it  on  demand  ?  What  are  the  liabilities  of  the  Sheriff,  if 
he  neglect  to  pay  over  money  1  If  Debtor  refuses  to  pay  his  Debts,  what  are  the  Cre- 
ditor's Remedies  at  Law,  in  each  of  Ihe  Slates  ?  pp.  G7, 68,  69. 

What  are  the  Remedies  of  the  Creditor,  and  i>Ieans  of  Enforcing  Payment  from 
his  Debtor,  by  attachment,  by  arrest,  by  trustee  process,  &c.,  in  all  the  States,  and 
in  England  and  France  ?  What  Goods,  and  Furniture,  and  Amount,  does  the  Law  ex- 
empt from  attachment  ?  How  can  a  person  secure  a  Homestead  7  pp.  67  to  101. 

What  Defence  can  Debtor  make  to  the  Debt?     pp.  102  &  103. 

What  is  an  Affidavit,  and  how  made  against  a  non-resident  debtor  7  How  made 
for  goods  sold  and  delivered  7  How  made  by  clerk  7  How  made  for  other  pur- 
poses 7    pp.  103  &  104.. ' 

How  is  a  Deposition  taken  7  What  are  the  general  provisions  of  the  laws  n  re- 
.spcct  to  Insolvency  7     How  is  Oath  administered  ?    pp.  105  &  106. 

What  benefit  accrues  toCreditorby  an  acknowledgment  of  Debtby  Debtor?    p.  107. 

What  are  the  benefits  resulting  from  Arbitration  7     See  Form,  &c.  p.  107,  108. 

How  are  Goods  Replevined  7  What  is  an  Off-set,  and  how  shall  a  debt  or  demand, 
or  note  on  dftnand,  or  execution  be  offset,  or  set-off,  against  another  7  What  is  Le- 
gal Tender,  and  how  may  it  be  made  7  If  tender  is  not  accepted  what  is  debtor's  duty  ? 
To  whom  may  tender  be  made  7  What  must  tender  incluae  besides  the  debt?  p.  109. 

What  are  the  Rules  of  Law  in  relation  to  Liens,  Guarantees,  General  and  Limited 
Partnerships,  Liability  of  Partners,  Bankruptcy,  Dissolution,  &c.7    pp.  Ill,  112,  1.13. 

Letters  of  Credit,  see  Forms  of,     p.  114. 

What  is  Husband's  Interest  in  Wife's  Personal  and  Real  Estate?  What  his  In- 
terest in  Debts  due  the  Wife?  What  his  Liability  for  her  debts  before  Marriage? 
What  his  Liability  to  maintain  Wife  7  What  title  has  Wife  in  Husband's  Estate  T 
What  will  bar  Wife's  Right  to  Dower?  What  will  annul  a  Marriage  7  What  may 
Dissolve  a  Marriage  7  What  are  the  Powers  of  Husband,  &c.  7  What  are  the 
Separate  Rights  of  Property  of  Married  Women  in  all  the  States  ?     p.  114  to  118. 

The  usual  Charges  of  Attorneys  for  Advice,  Drafting  Legal  Instruments,  Writs, 
Trustee  Process,  Cnargea  where  Plaintiff  or  Defendant  Prevails,  for  Arguing  a  Case, 
for  Reference.  Commissions  for  Collecting  Money,  &c.    op.  119,  120. 


The  Third  Book  embraces  the  La\Ts  relating  to  the  Leasing  of  Houses, 
Stores,  Land,  &c.  It  is  a  Book  in  which  Landlords  and  Tenants  will 
find  their  Rights  and  Liabilities  clearly  set  forth.  '•  We  doubt,  if  there  is  a 
Landlord  or  Tenant  who  has  not,  from  sheer  ignorance  of  his  Rights,  as  this 
Book  shows  them  to  him,  lost  money  enough  to  buy  a  thousand  copies." 

TVie  following  is  a  portion  of  its  Contents, 
IJVJTRODUCTION. 

What  is  a  Lease  or  Demise  7  What  is  a  Tenancy  from  year  to  year  7  Is  a  Ten 
ant  bound  to  keep  the  House  Wind  and  Water  tight,  and  to  Repai{  Windows  and 
Doors  7  Tenancy  at  Will,  and  how  may  it  be  determined  7  If  a  tenancy  at  Will 
be  determined  by  the  death  of  the  landlord,  or  the  sale  of  the  property,  or  by 
lea.sing  the  premises  by  a  lease  in  writing,  how  may  tenant  be  removed  fronj  the 
premises  7     What  is  a  tenant  at  Sufferance,  and  how  can  he  be  ejected  7  pp.  5,  6,  7. 

What  are  the  liabilities  of  a  landlord  who  lets  furnished  lodgings,  if  the  furniture 
is  unfit  for  use,  or  the  house  is  encumbered  with  a  nuisance,  or  the  beds  infested 
with  bugs  7  What  arc  his  liabilities  if  he  lets  rooms  or  apartments  in  house  or  store  ? 
Is  he  bound  to  keep  the  Roof  and  Walls  of  the  building  tight  7  Is  lease  determined 
if  building  be  destroyed  by  fire?  What  if  he  lets  the  whole  house  or  store?  What  is 
the  law  respecting  l(epairs,  Water,  Waste  7  What  are  the  Landlord's  Rights  7  Who 
is  most  favored  in  Law,  Landlord  or  Tenant  7    pp.  8,  9,  10. 

CHAPTER   L 

How  is  a  tenancy  created  7  What  form  is  required  for  an  Agreement  7  What  is 
an  implied  tenancy  7  What  is  the  effect  of  holding  over  the  term,  with  or  without 
the  consent  of  ihe  landlord?  What  are  the  liabilities  of  joint  tenants?  pp.  11  to  13. 


ADVERTISEMENT    AND    INDEX. 

What  is  a  Lease  ;  how  should  be  written  ;  how  renewed  j  what  if  it  be  intended 
that  tenant  shall  pay  taxes,  rebuild  in  case  of  fire,  keep  premises  insured,  underlet, 
or  assign  7    Can  a  tenant  at  Will  make  a  lease  ?  pp.  14,  15. 

By  whom  ceui  lease  be  made,  if  there  are  several  owners,  if  an  idiot,  if  a  minor,  if 
married  woman  ?  To  whom  can  lease  be  made  ?  How  by  an  attorney  ?  pp.   15, 16. 

What  Rights  does  a  Lease  vest  in  a  Tenant  ?  If  Lease  be  made  by  an  Agent  or 
AttomeVj  in  whose  name  should  it  run  ?  Should  Lease  be  Dated,  Sealed,  Witness- 
ed ;  andf  m  what  cases  Acknowledged  and  Recorded  ?  If  a  Lease  is  made  for  a  Term 
of  Years  what  does  the  Statute  require  ?    pp.  17,  18. 

What  are  the  usual  covenants  in  a  lease?     What  words  are  usually  made  use  of 
in  Iccises  ?     How  does  the  term  commence,  and  continue  ?     At  whose  option  is  lease 
to  determine  when  made  for  three,  five  or  seven  years  ?     Who  is  to  pay  all  the  tax- 
es, or  half  the  taxes  ?    How  are  the  parcels  to  be  described  ?     pp.  18  to  23. 
What  is  a  Reservation  of  Rent,  and  what  the  form  of  Words  ?    p.  2i. 
If  premises  are  destroyed  by  fire  or  other  casualty,  why  will  the  tenant  not  be  ex- 
enrpted  from  paying  rent  ?  If  building  be  cut  off  by  city,  what  is  the  remedy  ?  p.  2-5. 
How  is  Tenancy  dissolved  1    How  is  Tenancy  Forfeited  ?    How  must  landlord 
make  demand  of  rent,  when,  where,  and  upon  what  place  ?  How,  when  and  where, 
cam  tenant  make  a  tender  of  the  rent.    pp.  25,  27. 

What  constitutes  a  waiver  of  forfeiture  ?  How  is  a  Dissolution  of  Tenancy  made 
by  Surrender  T  Does  tearing  up  the  lezise  by  mutual  consent,  operate  as  a  surren- 
der ?    What  evidence  is  required  to  prove  a  surrender  ?    pp.  28,  29. 

When  is  a  Landlord's  Notice  to  Quit  required,  and  what  amount  of  time  is  ueces- 
sary  to  be  given  ?  When  tenancy  is  to  end  at  a  certain  day,  what  is  required  1 
When  and  how  should  a  Tenant  give  Notice  to  Quit  ?    pp.  29, 30, 31. 

What  is  the  form  and  service  of  Notice,  and  what  the  Condition  of  parties  at  the 
end  of  notice  to  Quit,  and  on  holding  over  ?    pp.  31,  32,  33. 

When  is  notice  to  quit  by  tenant  unnecessary  ?  Afler  the  Tenant  has  quit  the 
premises,  what  are  his  rights  of  Egress  and  Regress  ?    pp.  33,  3^1. 

What  right  has  Farm  Tenant  to  Emblements,  and  what  belongs  to  him  at  the  end 
of  Tenancy?  What  are  the  Rights  and  Liabilities  of  outgoing  Tenants?  What 
Fixtures  can  be  reanovcd  by  Tenant  at  the  end  of  Tenancy  ?     pp.  31,35. 

What  are  Landlord's  Fixtures,- -what  Domestic  Fixtures, — what  Trade  Fixtures, — 
what  Farm  Fixtures, — what  Heir's  or  Executor's  Fixtures  ?    pp.  36  to  38. 

Why  has  the  tenant,  on  leaving  the  premises,  no  right  to  remove  trees,  flowers, 
&c.,  which  he  has  planted  ?     When  has  he  a  right  to  do  so  ?    p.  38. 

Repairs,  by  whom  to  be  made  %ohen  Lettino;  is  by  written  Leasel  The  subject  of 
Repairs  is  one  that  gives  rise  to  more  disputes  between  Landlords  and  Tenants  than 
any  other,  from  the  fact  that  there  is  no  subject  respecting  which  landlords  and  ten- 
ants are  so  ignorant. 

An  opinion  generally  prevails,  that  a  landlord,  in  letting  a  house,  impliedly  cove- 
nants that  it  is  in  a  fit  and  proper  state  for  habitation,  and  that  he  is  bound  to  keep  it 
■o  during  the  term.  The  whole  law  upon  this  subject  has  lately  undergone  a  careful 
examination  in  England  ;  and  in  a  case  lately  tried  in  this  State  the  opinion  of  the 
English  Court  has  been  sustained.     See  Decisions   at  pp.  2  &  39  to  44. 

No  tenant  or  landlord  should  neglect  making  himself  acquainted  with  a  subject  so 
fruitful  of  litigafion  and  loss ;  when  a  trifling  expenditure  may  save  him  more  vexa- 
tion and  expense  than  the  cost  of  a  thousand  copies  of  this.book. 

The  subject  of  Water  is  another  source  of  difficulty  between  Landlords  and  Ten- 
ants. Some  tenants  supposing  the  failure  of  Water  a  sufficient  cause  for  vacating 
the  premises,  and  that  tne  landlord  is  bound  to  keep  them  supplied  with  water  during 
the  tenancy.    See  law  in  relation  to  this  subject  at  pp.  44  &  45. 

In  what  cases  does  tenant  commit  Waste  and  thereby  forfeit  his  lease  ?  What  if  he 
does  not  keep  premises  in  necessary  repair?  orsuflers  the  glass  windows  to  become 
broken  ?  or  digs  up  the  land  ?  or  alters  the  rooms  ?  &c.  pp.  45,46. 

How  are  the  relations  of  tenant  aflected  by  assignment  of  his  lease?  or  by  bank- 
ruptcy ?  How  is  rent  recoverable  ?    pp.  47,  49. 

WHAT  ARE  THE  LANDLORD'S  REMEDIES  AGAINST  TENANT 
for  USE  and  OCCUPATION  ?  Suppose  there  was  a  verbal  Lease,  but  Tenant 
never  entered  ?  If  Tenant  took  possession  for  a  time,  however  short,  is  he  liable  for 
the  whole  Term  1  Suppose  there  is  no  Lease,  or  Agreement  for  a  Lease,  or  Pay- 
ment of  Rent,  what  compensation  is  Landlord  entitled  to  ?    How  does  a  Tenant  for 


ADVERTISEMENT    AND    INDEX.  9 

feit  his  Lease  ?   How  does  Landlord  Waive  a  Forfeiture  7    What  Repairs  can  Land- 
lord require  Tenant  to  make  ?     p.  50. 

When  is  Tenant  compelled  to  Rebuild  the  Premises  should  they  bum  down  ?  Sup 
pose  Tenant  Assign,  Underlet,  Carry  on  Trade,  what  is  Landlord's  Remedy  7  How, 
when,  where,  and  of  whom,  must  Landlortl  demand  Payment  of  Rent  7  When  and 
where  can  Tenant  make  a  Tender  of  Rent  7    pp.  61,  52. 

WHAT  ARE  TENANT'S  REMEDIES  AGAINST  LANDLORD  7  Sup- 
pose the  Premises  should  be  Leased  or  Sold,  and  the  Tenant  evicted  (dispossessed 
of  House,  or  Store),  before  Rent  Day,  can  Landlord  Recover  any  Rent  7  Suppose 
he  is  deprived  of  part  of  Premises,  can  Landlord  Recover  any  Rent  7  Suppose  the 
Tenant  Quits  before  Rem  Day,  and  the  Landlord  Lets  the  Premises,  can  tne  Land- 
lord Collect  any  Rent  7  If  the  agreement  to  pay  Rent  on  the  part  of  the  Tenant  be 
Conditional,  merely  upon  the  Landlord's  doing  someliiing  to  the  Premises,  which  con- 
dition is  not  complica  with,  can  Landlord  Recover  any  Rent  7  If  Landlord  in  re 
pairing  House,  or  Store,  subjects  the  Tenant  to  great  inconvenience,  can  Landlord 
Recover  Rent  7  If  Tenant  Quits  before  Rent  Day.  and  Landlord  accepts  the  Key, 
can  Landlord  Collect  any  Rent  7  If  Tenant  Quits  the  House  before  the  Termination 
of  the  Quarter,  with  Landlord's  assent,  is  he  compelled  to  pay  any  Rent  7    p.  52. 

CHAPTER  H. 
DIVISION  FENCES.— Is  a  Tenant  bound  to  repair  the  Fences  7  What  are  the 
obligations  of  Tenants  of  adjoining  lands  to  maintain  Division  Fences  7  How  can 
owner  of  Cattle  protect  himself  againet  trespass  if  his  cattle  are  found  on  another's 
land  7  when  can  he  not?  Can  the  owner  of  a  close  compel  the  owner  of  an  adjoining 
close  to  make  and  maintain  a  division  fence  ?    pp.  53  to  56. 

When  are  persons  equally  bound  to  repair  a  Parly  Wall  7  When  a  Wall,  or  Fence, 
stands  one  half  on  my  land  and  one  half  on  my  neighbor's,  in  what  condition  are  we 
placed,  and  what  are  our  obligations  7  &c.  p.  56. 

If  the  owner  of  a  house  pulls  it  down  and  removes  the  foundation  in  what  relation 
does  he  stand  to  his  neighbor's  house  7  If  the  walls  of  his  house  stand  wholly  on  his 
own  lot  7  or  the  beams  of  the  house  rested  upon  the  wall  pulled  down  7  p.  57. 

WHAT  IS  A  NUISANCE, —  and  ivlio  maij  Sue  for  Damages  occasioned  by  a 
Nuisance?  Against  whom  can  action  of  Nuisance  be  brought?  What  if  the  owner  of 
a  Mill  cause  the  water  to  overflow  ihe  meadow  ?  or  one  raises  his  building  so  high  as 
to  obstruct  his  neighbor's  lights  ?  or  landlord  leases  premises  which  he  Itnows  will 
produce  a  nuisance  7  or  will  end  in  one  7  or  a  landlord  let  out  a  block  of  houses  with 
a  common  privy  7  or  a  man  purchase  premises  with  an  existing  nuisance  upon  them  7 
or  a  contractor  cause  a  nuisance  7  &.c.  p.  57,  58,  59. 

The  cases  in  which  Nuisances  to  Houses  and  Lands  exist  are  extremehj  numerous. 
See  pages  59  to  6t. — Suppose  a  person  builds  a  house  so  near  mine,  that  the  rain 
water  is  thrown  on  my  land  ?  or  builds  a  house  so  as  to  interrupt  the  enjoyment  of 
my  lights  ?  or  intercepts  my  prospect  ?  or  erects  a  fence  which  obstructs  my  lights  7 
or  opens  a  window  overlooking  my  privacy  ?  or  erects  a  privy,  or  keeps  his  hogs  or 
or  other  animals,  or  carries  on  an  offensive  trade  near  my  house,  or  sells  grass  on  his 
land,  or  obstructs  my  way,  or  stops  or  diverts  water,  or  floods  mills  7  &c.  In  which 
of  the  above  cases  have  I  any  remedy,  and  in  which  not  ?  &,c.  pp.  59  to  62. 

How  shall  a  Nuisance  be  abated!  When  a  person  has  determined  what  is  a  nui- 
sance in  a  legal  sense,  what  is  his  remedy,  and  now  shall  he  rid  himself  of  it  7  62,  63. 
Negligence  or  Carelessness.  If  I  pull  down  and  remove  the  foundation  of  a  build- 
ing, or  part  of  the  footing  of  one  of  the  walls,  what  am  I  required  to  do?  How  must 
a  man  use  his  own  property  7  What  if  a  man  in  excavating  his  own  ground'causes 
the  fall  of  my  house,  have  I  any  remcdj-,  and  if  so.  what?  Suppose  I  have  an  opening 
in  the  pavement,  and  one  is  injured  by  it,  how  shall  I  be  made  liable  ?  or  an  unfcnced 
area  in  front  of  my  house  7  or  a  hay  rick  near  my  neighbor's  house  7  &-C.  pp.  63,  64. 
How  may  I^htain  a  Right  of  Way  over  ajwther's  Land?  If  for  agricultural  pur- 
poses, or  to  carry  manure  ?  What  does  such  a  right  conl'er?  Where  have  I  a  right  to 
enter  and  come  out  ?  What  is  a  rnisuse  of  the  right  of  way  ?  What  peculiar  right  has 
the  grantor  ?  What  can  a  person  having  a  right  of  way  lawfully  claim  ?  When  no  di- 
mensions of  a  way  are  expressed,  what  does  the  law  allow  7  Whose  duty  is  it  to 
keep  the  way  in  repair  7  pp.  64^  67. 

How  long  can  one  enjoy  a  privilege  before  it  becomes  aright  7  What  must  be  shown 
by  the  person  enjoying  such  privilege  to  enable  him  to  support  his  claim  of  right  of 


10  ADVERTISEMENT    AND    INDEX. 

way  7  Suppose  one  claim  a  right  of  wsSy  by  necessity,  to  what  is  he  entitled  ?  How 
is  one  bound  to  use  a  right  of  way  ?  —  Highway.  Where  land  is  taken  for  a  high- 
way, what  riffhts  does  the  owner  part  with  ?  What  rights  does  he  retain  ?    pp.  65, 66. 

Running  Water.    How  shall  a  man  use  the  water  which  passes  through  his  land  ? 
How  shall  he  not  use  it  7  How  may  Mill  owners  use  the  water  7  What  is  their  com- 
mon and  equal  rights  7  What  time  and  use  gives  one  the  exclusive  right  to  the  water  7 
Does  priority  of  occupancy,  or  change  in  the  use,  create  or  violate  a  right  7  p.  67. 
CHAPTER   in. 

This  Chapter,  (from  pages  68  to  97)  is  devoted  to  such  Statutes  of  the  several 
States,  as  relate  to  the  RIGHTS  and  LIABILITIES  of  .LANDLORDS  and 
TENANTS,  the  Modes  of  Ejectment,  Determining  Tenancies,  &c. 

CHAPTER    IV 

Contains  Forms  of  an  Agreement  for  a  Lease ;  Lease  of  a  House ;  Lease  of 
Rooms  in  House,  with  Privileges ;  Lease  of  Store,  with  Guarantee  of  payment ; 
Lease  of  Furniture,  or  Goods  5  Lease  of  House,  or  Store,  with  full  Covenants  and 
Guarantee  of  Payment  of  Rent —  (this  is  a  form  of  Lease  tohich  a  Careful  Landlord 
will  uxe)  —  Lease  of  Farm  on  Shares,     pp.  99  to  104. 

SPECAL  COVENANTS.— Covenant  that  house  is  in  tenantable  condition — 
CoTenant  that  house  shall  so  continue — Covenant  that  Tenant  shall  be  kept  supplied 
with  Water — Covenant  that  Landlord  shall  keep  House  in  Repair— Covenant  that 
Tenant  shall  keep  House  in  Repair — Covenant  that  Tenant  may  extend  the  Lease 
— Covenant  for  Quiet  Enjoyment,  when  Premises  are  Mortgaged — Covenant  respect- 
ing the  emptying  and  cleansnig  of  Drains,  Privies,  and  Cesspools — Covenant  to  pay 
the  Water  Assessments,  and  all  damages  arising  from  the  same — Covenant  agamst 
Fire  and  other  damages — Covenant  to  Terminate  Lease  at  any  time  during  the 
Term — Covenant  not  to  sell  Intoxicating  Liquors  on  premises — Covenant  not  to  use 
Camphene,  &c. — Covenant  to  mend  Glass  Windows — Covenant  to  eject  Tenant — 
Covemant  to  pay,  or  not  to  pay,  taxes — Covenant  to  give  Security  in  case  of  Insolven- 
cy— Covenant  to  pay  proportional  amomit  of  Taxes — Covenant  as  to  the  safe  keeping 
of  Ashes — Covenant  not  to  carry  on  offensive  Trade — Covenant  to  Suspend  Payment 
of  Rent — Covenant  to  Paper  and  Paint  House,  &c.     pp.  105,  106. 

Notice  to  Determine  Tenancy,  by  Landlord,  and  by  Tenant.  Notice  to  Quit  for 
Non-payment  of  Rent.    Assignments  of  Lease.    Surrender  of  Lease,    pp.  107, 108. 


X 


<^ 


DBOIDEDLY   THE   MOST  USEFUL  AND    THE    CHEAPEST   BOOK 
EVER    OFFERED    TO    THE   PUBLIC. 


THE    NETV 

BUSINESS  MAN'S 

ASSISTANT, 

AND 

READY  RECKONEE, 

FOR  THE    USE    OF 


CONSISTING   OF 

LEGAL  FORMS  &  INSTRUCTIONS 

INDISPENSABLE  IN  BUSINESS  TRANSACTIONS; 

TOGETHER   WITH    A 

GREATER  VARIETY  OF  USEFUL  TABLES  THAN  ARE 
TO  BE  FOUND  IN  ANY  OTHER  WORK. 


By    I.    R.    BUTTS, 

Author  of  the  "  Trader's  Guide," — "  Merchant  Shipper's  &  Common  Carrier'!  Aa^taat," 
"Landlord's  and  Tenant's  Assistant," — "Laws  of  the  Sea,"&c. 


SOLD    BY    AGENTS.— AGENTS    SUPPLIED    BY 

J.   R.    BUTTS  2   School  Street,  Boston. 
H.   LONG    &    BRO.,   121  Nassau  Street,  New  York. 

1856. 


PREFACE. 

This  work  is  prepared  for  the  use  of  Merchants,  Mechanics, 
Farmers,  and  business  men  generally.  Its  object  is  to  furnish 
them  with  a  Collection  of  the  most  useful  Forms  of  Contracts 
and  Legal  Instruments  which  occur  in  business  transactions, 
and  such  Instructions  and  Rules  of  Law  in  relation  to  them, 
as  will  enable  persons  of  ordinary  capacity,  to  write  and  execute 
their  Agreements,  Deeds,  &c.,  without  applying  to  an  attorney. 

In  addition  to  its  value  as  a  Legal  Manual  it  contains  a  greater 
number  and  variety  oi  practical  jTa&Zcs  than  are  to  be  found  in  any 
other  work  ;  —  among  which  are  Tables  for  Lumber  Dealers,  Ship 
Builders,  Wood  Dealers,  Iron  Dealers,  Coal  Dealers,  &c.,  giv- 
ing Board,  Plank,  and  Timber  Measure,  Timber  and  Saw  Logs  re- 
duced to  Inch  Board  Measure,  Scantling,  Log  Measure,  &c. ;  Bark, 
Wood,  and  Coal  Measure;  Stone,  Box,  and  Package  Measure; 
Iron,  Copper,  Brass,  and  Lead  Measure;  Iron,  Copper,  and  Lead 
Pipe  Measure;  Produce,  Merchandize,  Wages,  Wood,  Coal,  Hay, 
and  Bark  Ready  Reckoners,  &c.  ;  Interest,  Equation,  Gold  and 
Silver  Coin  Tables,  Administrator's  and  Executor's  Tables,  &c. 

Also,  a  System  of  Book-keeping,  with  Instructions  and  Examples, 
suited  to  tlie  Business  of  Traders,  Mechanics,  and  Farmers. 

Alio,  the  Rates  of  Postages  within  the  U.  Syto-fhe  British  Pro- 
vinces, and  all  places  in  Europe,  Asia,  Africa,  and  America. 

Also,  Directions  to  Applicants  for  Patents,  with  Forms,  Fees,  &c. 

Also,  Mechanic's  and  Laborer's  Lien  Laws  ;  &c. 

This  edition  comprises  a  large  number  of  valuable  Forms  not 
before  given  to  the  public — with  much  information  indispensable 
to  business  men. 

There  can  no  where  be  found  so  comprehensive  a  compend  of  busi- 
nesi  forms  &Dd  Jcuts  for  every  day  use,  as  this  valuable  Jlssistant, 


The  undersigned,  having  examined  the  "  BUSINESS  MAN'i 
SISTAN'P'  and  the  "  TRADER'S  GUIDE,"  find  them  t 
auxiliaries  in  business  transactions. 


S    AS- 
valuable 


Hon.  AiTiasa  Walker, 

Hon.  Marshnll  P.  Wilder, 

Josiuh  BraUlee  it  Co. 

Joshua  Sears, 

P.  &  J.  P.  Hawes, 

Thos.  Gray  &  Co., 

John  S.  Blake, 

Edw.  D.  Peiers,  &  Co., 

Slinpleiich,  Kelsey  &  Co., 

Fisher  &  Co., 

Honon,  Hall  &.  Co., 

Hay  ward,  French,  &  Fuller, 

Gen.  John  S.  Tyler,  Ins.  Broker 

AddUon  Child,  Com.  Merchant, 

John  Tyler,  Auciioneer, 

Coolidge,  Gray,  &  Furuess,  do. 

Whilwells  k,  Scaver,  do. 


Horatio  Harris  &  Co.,  Ancl'rs. 

H.  Ainnndown  tc  Co., 

Welherell,  Sione,  &  Wood, 

Tufis  &.  Hunting, 

Jas.  R,  Bailey, 

W.J.  Whitney,  M.  D. 

T.J.  Lobdell,  Esq.  Stock  Bro., 

D.  F.  Child,  Treas.?.L.Work», 

W.  E.  Coffin,  Tr.  Pern.  Iron  Co., 

Chas.  Hay  ward.  Notary  Public, 

Wm.  H.  Prentice  &  Son, 

Horace  Scudder  &  Co., 

R.  Foster  &  Co., 

Smith  &  Lougee, 

Paul  Cum*, 

J.  H.  Munroe, 

Nath'l  Brewer. 


Entered  according  to  Act  of  Congress,  in  the  year  1852, 

BY    I.    R.    BUTTS, 

in  the  Clerk's  Office  of  the  District  Court  of  the  District  of  Massachusetts. 


CONTENTS 

OF    THE    NEW    BUSINESS    MAN'S    ASSISTANT. 


Page 
AGREEMENT,  general   Forai  of, 

for  Selling,   Baneriiig,    Miiiiu- 

faclurjiig^,  or  any  oilier  purpcise,  Ifi 
AGREEMENT  for  making  Shoes.  IG 
AGREEMENT  for  ihe  Sale  and 

Piling  of  Wood, 10 

AGREEMENT  lo  Sell  and  deliver 

a  Horse,  Oxen,  ttc 16 

AGREEMENT  to  Submit  to  Arbi- 
tration,      17 

AGREEMENT    for   the  Sale  and 

Purchase  of  Real  Estate,  ....  17 
AGREEMENT  to  Sell  and  De- 
liver Flour,  Wheat,  4c., 18 

AGREEMENT  with   a   Clerk,    or 

Wcirkmnn, 18 

AGREEMENT    for     Building     a 

House,  or  More,     18 

AGREE.VIENT  of  Copartnership, 

Perm  of, a3 

AGREEMENT  lo  continue  the  Co- 
partnership, Form  of. 34 

AGREEMEN  r  lo  Dissolve  the  Co- 

pariiiership,  Form  of. 34 

AGREEMENT  of  parties  to  Abide 

by  the  Decision  of  an  Award,  . .  26 
APPRENTICE,  Indenture  of,  with 

Rules  of  Law  Relating  lo,  ....  19 

ARTICLES  of  Copartnership, 33 

ASSIGNMENT  to  be   wrilien  on 

the  back  of  any  instrument,  with 

Rules  of  Law  relating  to, 20 

ASSIGNM  ENT  of  a  Lea.se, 21 

ASSIGNMENT   of   Mortgage    by 

Eiid'irseinent, 21 

ASSIGN.MENT  of  Deed  of  Mort- 

g»(re 22 

ASSIGNMENT  of  Contract, 22 

ASSIGNMENTof  Bond,  or  Bilt  ..  22 
ASSIGNMENT  written  on  the  back 

ol  Fire  Policy, 23 

ASSIGNMENT  ..fa  Bond,  where 

A-'sisnor  is  liable 22 

ASSIGNMENTof  o  Bond,  where 

Assignor  is  not  liable, 22 

ASSIGNMENT  of  \V..ges  now  due 

and  til  l)ecoine  due, 23 

ASSIGN.MENT  oflnieresi  in  Land 

fiir  a  term  of  Years 23 

ASSIGN.MENT  of  Claims  against 

DetjK.r 23 

ASSIGNMENT  of  Debtor  for  the 

Benefit  of  Creditors, 24 

AWARD  of  Three  Referees,  with 

In<truciions, 25 

AWARD  of  Referees,  Fire  In».,  . .  26 
AWARD  tor  Valuation  of  Land,  ..  26 
BILL  of  Sale  of  Goods,  under  Seal, 

with  Rules  of  Law  relating  to,  27 
BILLS  of  Exchange,  with  Rules  of 

Law  relating  to, 58 


Fag* 
BOND,  Form  of,  with  Laws  relat- 
ing to, 23 

BOND  of  two  Obligors,    ,       29 

BOND  to  pay  Money    by    Inslal- 

mcnis, 29 

BOND  to  Indemnify, 29 

BONDof  Arbiiriition 30 

BOND  of  Indemnity  for  losi  Note,. .  30 

BOND  to  convey  Real  Estate 30 

BO.ND  with  two  Sureties, 31 

BOND  of  Treasurer  [or  Tru-tee],. .  31 
CERTIFICATE  of  work  lo  be  re- 
corded under  the  Lien  Law,. ...  67 
COPARTNERs^HlP,  form  of,  with 

Rules  of  Law  relaiing  to, 32 

CO.M POUNDING   with   Creditors, 

to  take  a  ceriain   per  Ceniiige,  35 
COMPOUNDING   wiih    Creditors 

(ttnother)lo  take  endorsied  notes,  35 
DEEDS,   Rules   of  Law    relaiing 

to, 7,  8,  9,  .•)6,  37,  38 

DEED,  Quit  claim 38 

DEED,  Quit  Cbiim,  bv  Trustee,. .  39 

DEED  Wurranty, ' 39 

DEED  Warranty,  by  husband  and 
wife  to  convey   wile's    Esiaie,  40 

DEED,  execuied  by  Aiioriiey 41 

DEED  of  Real  Esttte  to  a  Married 

\Voman,  to  her  Sole  Use, 41 

DEED  of  Perconal  Esiaie  fmm  u 
Father  to  a  Married  Daugliief,' 
to  her  Sole  and  Separate"  Use,  43 

DEEDofRighiof  Way, 43 

DEEDS,  of   Land,  of  Lea>e,  and 

of  Trust,  (  Virsri'iia  Forms)  ....  44 

DEED,  ChaiicelloV  Keni's  Form  of,  44 

DEEDS,  Forms  of,  in  New  Voi  k,. .  45 

EASEMENT,  or,  how    a    person 

may  acquire,  a  Jf/eA*  of  Way, 

Air,  Lighi,  &.c  .  and  how  such  u 

Bight  may  be  prevented 43 

ENDORSER  of  Note  on  lime,  or 
Demand,  when  liable  for  Puy- 

meni,  wlieii  noi,  59 

EXECUTION  of  Deeds,  mode  of, 

in  all  the  Slates, 8 

FORMS  of  Patent  (Iffice,  consisting 
of  Petition,  Specification,  Oath, 
Surrender,  Withdrawal,  As- 
signment, Disclaimer,  Caveat, 
New  Improvement,  Assignment 
before  obtaining  Letters  Pa- 
tent, Fees  of  PHtent  Off.ee,  71—74 
GUARANTEE  for  the  Payment  of 

Goods, 46 

GUARANTEE  of  certain  Am<  ant,  46 

GUARANTEE  for   Debts  due 46 

GUARANTEE  tostop  proceedings,  46 
GUARANTEE  for  payment  of  rent,  47 
GUARANTEE  to  pay  Note, 47 


4        CONTENTS   OF   THE   NEW    BUSINESS    MAN'S    ASSISTANT. 


Page 

LEASEof  House,  or  Store, 47 

LEASE,  to  Two  or  more  Tenants,  48 
LEASE,  Law  which  compela  Ten- 
am    to  pay  Rent,  tliough  House 

be  burned  or  destroyed, 48 

LEASE    how    Sealed    in  difTerent 
Stales,  and  when  it  should   be 
Reeonled,   or   Registered,    ....     9 
LEASE,  cautions  to  be  observed  by 

Tenant  on  inking  a  Lea<e 9 

LIEN  Law  of  Mechanics,  Laborers 
and  Contractor*,  in  .Massachu- 
setts, Miiine,  Connecticut,  New 
York,  New  Jersey,  Pennsyl- 
vania,  Missouri,    Illinois,    and 

other  Stales, 67,  C8 

MORTGAGE  of  Personal  Proper- 
ly, \viih  Laws  relating  to, 50 

MORTGAGE  of  Tools,  Machinery, 

Goods,  or  Household  Furniture,  51 
MORTGAGE  Chanel,  with  Power 

ofSale 52 

MORI'GAQE  of  Personal  Property 

l"  Secure  Endorser, .53 

MORTGAGEof  Real  Estate,  54 

MORTGAGE  of  Real  Estate  with 

pnwf-r  of  sale 55 

MORTGAGE.  Redemption  of, 50 

MORTGAGOR   Rights  of, 55 

MORTGAGBE    Rights  of, 5« 

MORTGAGE,  Dis.harge  of, 57 

MORTGAGE  Deed  of  Release,..  57 
MORTGAGE,  Sati:»faction  of,  ....  57 

NOTES,  Due  Bills,  Reeelpis,  Bills 
of  Exchange,  Drafts,  Orders, 
Checks,  and  Jadgmtnl  Note, 
with  L/\w<  relating  to, 59,  59,  60 

NOTICE  of  Dissoluiion  of  Copart- 
nership, Form  of, 35 


Page 
NOTICE  to  Quit  from   Landlord,  49 

NOTICE  to  Quit  from  Tenant, 49 

NOTICE  to  Quit  for  Non-payment 

of  Rent, 49 

PARTNERSHIP,   Form   of,    with 

Rules  of  Law  relating  to, 38 

PATENTS,  laws  of,  Directions  and 

Forms  for,  69  to  74 

PETITIONS,  general  forms  for,  ..  64 
POWER  (or   Letters)  of  Attorney, 

with  Rules  of  Law  relating  to,  61 
POWER,  form  of,  lo  collect  Debts,  61 

POWER  to  effect  Insurance, 61 

POWER  to  sell.  Stock, 61 

POWER  to  sell   and    Lease  Real 

Estnte,  and  collect  Rents,  ....  62 
POWER  to  receive  Dividends,....  62 

POWER,  Revocation  of, ..  62 

PROXY  to  vote  for  Directors,  &c..  64 
RECEIPT  for  Interest  due  on  Bond,  60 
RECEIPT  for  Money  due  on  Bond,  60 
REDEMPTION  of  Estate,  time  of,  56 

REFEREES,  Award  of, 25 

RELEASE  of  a  Legacy, a3 

RKLEASE  of  Dower,  bv  Widow,  63 

RELEASE  of  all  Demands, 63 

RELEASEof  Dower  to  be  endors- 
ed on    Deed, 63 

RENT,  Security  for, •  • 47 

RIGHTS  of  Mortgagor 55 

RIGHTS  of  Mortgagee,   56 

WAY,  Grant  of  Right  of, 43 

WILL  and  Codicil, 65,  6« 

WILL,  Directions   and  manner  of 

makinu  a  Will, 64.65 


A  few  of  the  Rules  of  Law  applicable  to  the  Forms. 
Mode  of  Executing  D««</»,  in  all  the    enter   into    partnership,    special     or 


States,  7 

Contractu  — When  is  a  Contract  void  ? 
Can  I  bind  myself  not  to  curry  on  my 
trade  or  business?  Can  1  bind  myscif 
to  pay  the  debt  of  another?  Am  I 
obliged  to  lake  the  goods  I  bargain 
for?  When  does  a  debt,  note,  or  bill, 
cause  to  be  collectable  ?  When  is 
a  contract  made  on  Sunday  void  ? 
How  should  contracts  be  performed  ? 
What  constitutes  fraud?    How  should 


general  ?  What  are  the  responsibili- 
ties of  partners?  How  does  a  person 
render  himself  liable  us  a  partner?  32 
Dteils. —  Which  is  the  most  direct 
way  to  ascertain  the  validity  of  the  ti- 
tle ?  By  what  mode  can  we  ascertain 
if  there  be  an  incumbrance  ?  How 
should  the  land  be  described  ?  If  the 
purchaser  intends  to  assume  the 
mortgage  how  should  it  be  stated  in 
the    Deed?   or,  if  a  right  of  way  be 


a  tender  be  made?     When  is  interest  '  granted,  or  reserved? 


allowed,  and  how  ?  Liabilities  of  Inn- 
keepers, Carriers,  and  Agents,   10 — 15 

Aionrih. —  What  is  the  duty  of  Refer- 
ees, and  how  shall  they  make  out  and 
render  their  award  ?  25 

Bills  of  &»''.— What  m  the  duty  of 


36,  37,  38 


Mirrigasc'S.— Where    should  a  morl- 

fage  of  Personal  Property  be  recorded? 
low  can  Mortgagee  take  possession 
of  the  Estate  though  no  condition  be 
broken?  5),  51,56 

IVills. — What  precantions  are  neces- 


the  seller?  What  is  the  duty  of  the  |  sary  in  making  a  Will?  What  is  the 
buyer?  &c.     What  is  ii  Warranty?  27    nature  of  and   how  is    a  Will  execu- 

Bnti'/x. —  What  i.<  a  bond?  how  is  it  ted?  Who  should  not  be  witnesses  to 
made  void?  how  is  Ijoiid  executed  ?  j  a  Will  ?  How  many  witnesses  arc 
can  the  whole  penally  be  recovered,  28  ,  required,  and  how  should  they  sub- 

Coparlntrship How   may  persons  I  scribe  the  Will  ?  65 


CONTENTS   OK  THE   NEW   BUSINESS   MAN's    ASSISTANT.        5 


MENSURATION,  WEIGHTS   AND   MEASURES. 

Puge  Pare 

MARKS  of  contraction, 75  !  MEASURES  of  Length,  78 


DECIMAL  Arithmetic, 75 

To  find  the  Square,  or  Super- 
FiciAL  Feet  in  Boards,  Planks, 
Marble,  Stone,  Brick  Wall  &.c.,     75 

To  find  the  number  of  Square  Feet 
in  a  Lot  of  Land, 76 

To  find  the  Solid  Contents  in  Tim- 
ber, Plank,  &c 76 

To  find  the  Solidity  of  a  Frustrum,    76 

To  find  the  >olid  Contents  in  Round 
Timber,  Trees,  &c.,   77 


MEASURES  of  Capacity  (Dry),  78 
WEIGHT  of  a  Bushel  of  various 

articles, 78 

WEIGHT  of  a  bushel  of  Bitumi- 
nous and  Hard  Coal, 70 

MEASURES  of  Capacity  (Liquid,  79 

GALLONS,   Weigni  of, 79 

MEASURES  of  Solidity,  or  Cubic 

Measure, 79 

NUMBER  OF  CUBIC  FEET  in  a 


Timber,  lrees,&c.,... 77,      Ton  of  various  Bodies, 79 

Tofind  the  area  of  a  Circle, 77  ,  WEIGHT  of    a    Cubic    Foot,  in 

To  find  the  Solidity  of  a  Cylinder,    77       Pounds,  of  various  articles,  ... .     79 


To  find  the    Capacity    of    Waier 

Tanks,  Cisterns,  Oil  Cans,  Sec  , 
To  find  the  Solid  Contents  in  Tim 


WEIGHT   of  a   Cubic    Inch    in 

Pounds,  of  various  ariicles,  ....     79 
SHOEMAKER'S  Measure, 79 


^H'^'.^V"'"^*' *'°?®*»?'"*'  *•=•'••• -'8    LFNGTH  in   Vard^,  of  Russian, 
To  find  the  Capacity  of  a  Coal  Bin,  Swedisli,  Duich,   Hungarian,  A- 


Tanner's  Vat,  &c, 7 

WEIGHTS    AND    MEASURES. 

MEASURES  of  Weight, 78 

MEASURES  of  Surface, 78 


mcrican,  or  English,  Miles, 79 

SOLDIER'S  Measure  of  Time,  . .  79 

DECIMAL    Approximations     for 
Facilitating  Calculations, 80 


READY  RECKONERS. 


.1 


Giving  the  Price  of  any  Num- 
ber of  Pounds,  from  25  cents 
to  S50  per  ton  of  3000  lbs.  114 
Giving  the  Price  of  any  Num- 
ber of  Pounds,  from  25  cents 
to  $60  per  ton  of  2240  lbs.  115 
in.  Giving  the  Price  of  any  Num- 
BEKof  Pounds,  Yards,  Bush- 


II. 


els  of  Wheat,   Corn,  &c.,  at 
any  price  less  than  S3  each,  fl7 

IV.  Giving  the  Nu.mber  of  folia 

Feet  in  any  Pile  of  Wood  or 
Bark, 94 

V.  Giving  the  price  per  Foot  of 

any     Number    of  Feet    of 
Wood  or  Baek, 93 


n 


IV 


81 


A  Table  of  Decimals,  to  find, 
expeditiously,  the  Number 
of  Superficial  Feel  in  Plank, 
Board,  &c.  of  any  Breadth, 
To  find  the  Solid,  or  cubic. 
Contents  in  Trees  and  Logs,  82 
III..  Giving  the  No.  of  Solid  Feet 

in  Hewn  Timber, 83 

Giving  the    Square    Feet    in 
Plank  and  Scantling, 86 


LUMBER  TABLES. 

V.  Giving  the  Square  Feet  in 
Scantling  and  Timber, 88 

VI.  Giving  the  Square  Feet  in 
Boards,  90 

VII.  Giving  the  Square  Feel  in 
any  Log,  reduced  to  Board 
Measure, 91 

VIIL  Giving  the  No.  of  Cubic  Feet 
in  Round  or  Equal  sided 
Timber, 9S 


MECHANICS'  TABLES. 


II. 
III. 


IV. 
V. 


VI. 


Multipliers,  (Co-efficients)  for 
Facilitating    Calculations,..    80 

Areas  of  Circles, 100 

Weigh!  of  a  Foot  in  Length  of 
Flat  (Tire)  Bar  Iron, 95 

Weight  of  a  Square  Foot  of 
Sheet  Iron,  Copper,  &  Brass, 

Weisht  of  a  Square  Foot  of 
Boiler  Plate  Iron,  and  of 
Copper,  Brass,  and    Lead, 

Weight  of  a  Foot  in  Length 
of  Square  and  Round  Bar 
Iron, 

BMA  i* 


95 


96 


96 


VII.  Dimensions     of    Cylindrical 

Columns  of  Cast  Iron  to 
sustain  a  g^ven  Pressure 
with  Safety, 97 

VIII.  Molder's  Table,  giving  the 
Weight  of  Metals  proportion- 
ed to  the  Weight  of  Pattern,     97 

IX.  Proportional  Breadths  for  hex- 

agonal Six-sided  Nuts  for 
Wrought  Iron  Bolts, 98 

X.  Screws.  —  Giving  the  No.  of 

Threads  to  an  'Inch  in  V- 
thread  Screws 96 


CONTENTS   OP  THE  NEW  BUSINESS    MAN  S   ASSISTANT. 


XI.    Weight  of  Lead  Pipe  per  foot, 
Xn.  Weight    of  Cast  Iron  Pipes, 

XIII.  Weight  of  one  Foot  in  length 
of  Copper  Pipe, 

XIV.  Weight    and    Thickness    of 

Copper  Plates, 

XV.  Weight     and    Thickness    of 

Sheet  Lead, 


Page 


99 


Page 

XVI.  Decimals  equivalent  to  the 
fractional  parts  of  a  Pound,    121 

XVII.  Decimals  e<iuivalent  to  the 
fractional  parts  of  a  Foot,  . .  188 

XVIII.  Decimals  equivalent  to  the 
fractional  parts  of  a  gallon,. .  121 

XIX.  Hoop  Iron,   Width,  Thick- 
ness, and  Weight  of, 124 


KCERCANTILE   TABLES. 

I.      Interest  Table  at  6  per  cent,. .  106  ;  IX,    Value  of  a  Pound  Stetling  at 


II.  Interest  Table  at  7  per  cent,  107 

III.  Interest  Tables  at  6  ai;d  7  per 

cent,  by  the  Month  &  Year,  108 

IV.  Table  for  Finding  the  Number 

of  Days  from  any  Date  in  one 
Month  to  the  same  Date  in 
any  other  Month  of  the  Year,  109 

V.  Rules  for  Equatmg,  or  Aver- 

aginjr   Payments, 109 

VI.  American  and   Foreign   Gold 

Coins,  &  their  Mini  Weight 
and  ValuCj   110 

VII.  Value  of  Silver    Coins    and 

Foreign  Currencies, Ill 

VIIL  Weight  and  Value  of  United 

States  Silver  Coin Ill 


II. 


III. 


various  Rales  of  Exchange,  105 

X.  Freights,  showing  the  Quanti- 

ties of  various  kinds  of  Arti- 
cles which  constitute  a  Ton 
of  Freight, 105 

XI.  English   Sterling   reduced  to 

Dollars  and  Cents, 118 

XII.  French     Francs    reduced  to 

Dollars  and   Cents, 112 

XIII.  German  Thalers  reduced  to 
Dollars  and   Cents,-. 112 

XIV  Bremen  Rix  Dollars  reduced 

to  Dollars  and  Cents, ...   112 

XV.  Table  of  Equivalent  Prices 
to  Common  Weights  and 
Measures, 123 


MISCELLANEOUS   TABLES. 


Weight  of  Hard  Coal  propor- 
tioned in  Stowage, 92 

Cisterns,  Tanks,  Reservoirs, 
their  Contents  m  Gallons  for 
each  10  inches  in  Depth,  ...  98 

For  finding  the  Number  of 
Square  Feei,  and  Yards,  in 
Pavement,  Plasteri  g,  Paint- 
ing, Floornig,  Marble,  &c.  81,  82 


IV, 


Findingthe  Value  of  a  Wid- 
ow's Dower,  or  Estimating 
the  value  of  Life  Estates,. .  113 

V.  Annuity  Table, 113 

VI.  Appraisers'  Account,  form  of,  125 

VII.  Administrator's  Account,  do.  125 

VIII.  BOOK  KEEPING, 126 

IX.  RATES  OF  POSTAGE,  to 

all  parts  of  the  World 129 


SCALES  OF  WAGES. 

L      Mechanics'     and      Laborers' 

Scale    of  Wages    for  Days 

and   Month, 101 

II.     Operatives'  Scale  of  Wages, 

for  Days    and  Weeks,. . , .  102 


III.  Farmers'  Scale  of  Wages  for 
Days  and  Month, 104 

IV.  Board  per  Week  and  Day, 
for  Taverns,  and  Boarding 
Houses,  &c., 105 


1  HE 

BUSINESS   MAN'S  ASSISTANT. 


EXECUTION  OF  DEEDS    IN    ALL   THE   STATES. 

What  is  usually  eequisitb  to  thk  Exxcurioif  or  a  Dkkd — A  Deed 
ought  to  be  signed,  sealed,  witnessed,  acknowledged,  delivered,  and  recorded. 

1.  Deeds.— All  writings  sealed  and  delivered  are  in  law,  Deeds,  but  a  Deed, 
in  common  acceptation,  is  a  conveyance  of  land.  If  it  be  made  by  more  parties 
than  one,  it  is  usual  to  have  as  many  seals  as  there  are  parties. 

8.  Seal. — The  common  law  intended  by  a  Seal,  an  impression  upon  wax, 
wafer,  or  other  tenacious  substance.  In  the  eastern  and  middle  stales  such  an 
impression  is  requisite,  or  a  piece  of  paper  i^  affixed  to  the  Deed  by  a  wafer  at 
the  end  of  each  name.  In  some  of  the  southern  and  western  stales  the  courts  al- 
low a  fluurish,  or  scroll  of  the  pen,  or  circle  of  ink  at  the  end  of  each  name.  In 
Virginia  and  Alabama  evidence  is  required  of  an  intention  to  substitute  the 
scroll  for  a  seal.  If  an  instrument  have  but  one  seal,  though  signed  by  several 
persons,  it  will  be  considered  the  seal  of  each. 

3.  Delivert. — Delivery  is  essential  to  the  due  execution  of  a  Deed 
after  the  Delivery  of  a  Deed,  the  estate  vests  in  the  purchaser  though  the  grantor 
keep  (he  Deed,  or  fraudulently  obtain  and  destroy  it.     No  particular  lorm  is 
necessary  for  the  delivery  of  a  Deed ;  an  act  which  indicates  an  intention 
of  putting  the  purchaser  in  possession  is  sufficient. 

4.  Acknowledgment. — The  acknowledgment  of  Deeds  is  made  by  th« 
erantors,  or  one  of  them,  or  by  attorney,  before  a  Judge,  Justice  of  the  Peace, 
Magistrate  or  Notary  Public,  in  the  State  where  the  land  lies,  and  in  any  other 
State  or  Territory  before  a  Commissioner  appointed  by  the  Governor  of  the 
State ;  and  if  in  a  foreign  country,  before  a  Minister  or  Consul  of  the  U.  S. 

5.  Recordino. — Every  Deed  should  be  Recorded,  Registered,  or  Enrolled 
in  the  County  or  Town  where  the  land  lies,  after  it  has  been  acknowledged. 
J/  nrtt  recorded  it  is  good  only  against  the  grantor  and  his  heirs,  and  void  agamsl 
subsequent  attaching  creditors  of  the  grantor,  or  purchasers,  having  no  notice 
of  the  first  conveyance.  In  some  states  acertain  time  is  allowed,  within  which 
a  deed  should  be  recorded.  In  those  States  where  there  is  no  prescribed  time, 
the  Deed  must  be  recorded  within  a  reasonable  time.  Wherea  mortgage  ia 
made  by  an  absolute  Deed  and  a  Bond  back,  the  Bond  must  be  recorded. 

6.  Description. — A  Deed  must  contain  a  distinct  description  of  the  land  or 
tenement,  how  it  is  bounded,  whether  on  a  creek,  highway,  street,  or  known 
and  fixed  monuments,  &c.,  &c.  Tlie  Deed  may  refer  for  a  description  of  the 
land,  or  tenement,  either  to  apian,  another  deed,  a  will,  or  to  the  actual  condition 
of  the  estate.  Though  a  certain  number  of  feet  or  acres  be  mentioned  in  tlie 
Deed,  it  does  not  amount  to  a  warranty  that  there  is  that  quantity,  if"  more  or 
less  "  be  inserted,  or  the  Deed  contain  specific  boundarie.-i. 

7.  Parties.— The  panics  must  be  legally  able  to  contract  and  there  must 
be  a  subject  to  contract  for ;  all  which  must  be  expressed  by  sufficient  names. 
A  Deed  cannot  bind  a  party  who  seals  it,  unless  it  contains  words  expressive 
of  such  intention.  If  the  wife's  right  of  Dower*  in  the  premises  is  to  be 
released,  it  must  be  so  stated  In  the  Deed,  and  the  wife  must  join  with  her 
husband  in    its  execution,  releasing  her  right  of   Dower.      If  real  estate, 

beld  by  the  husband  in  right  of  the  wife,  is  to  be  conveyed,  both  the  husband 
and  wife  must  join  in  the  deed  ;  and  in  most  of  the  Stoles  the  wife  must  be  ex- 
amined privately  and  apart  from  her  husband  as  to  whether  the  Deed  it 
her  free  and  voluntary  act.  If  an  attorney  have  authority  to  convey  lands,  h« 
must  do  it,  not  in  his  own  name  but  in  that  of  his  principal  A  power  to  exe- 
cnte  a  Deed  must  itself  be  under  seal,  and  acknowledged. 

•  Dower  is  the  right  of  the  wife,  after  the  death  of  her  basband,  to  have  set 
off  to  her  for  her  use  during  her  life  one-third  part  of  tbv  liuiwS  wher<;of  htt 
husbiuid  was  possessed  during  the  marriage  state. 


O  EXECOnON  OF  DEEDS. 

8.  CossiOKRATioN. — The  Deed  should  be  made  for  a  good  and  valuable 
consideration  to  ^ive  validity  to  it  against  the  claims  of  creditors  or  subsequem 
purchasers.  A  Deed  made  upon  fraud  or  collusion  to  deceive  purchasers  or 
lawful  creditors  will  be  void,  but  not  as  between  the  parties  themselves. 

9.  A  Co.vvBTAjrcK  contains  several  covenauts,  as  follows: — the  grantor 
covenants  that  he  is  lawfully  seized  m  fee  of  the  premises,  that  they  are  free 
from  all  incumbrances,  and  that  be  will  warrant  and  defend  the  same  against  the 
lawful  claims  and  demands  of  all  persons.  This  last  clause  in  italics  constitutes 
&  warranty  Deed.  In  a  quit-claim  there  is  inserted  after  these  words  in 
italics,  claiming  by,  through,  or  under  me,  but  against  none  other.  The  eflect  of 
covenants  is  to  give  to  the  purchaser  a  claim  for  damages,  if  at  a..y  lime  dis- 
turbed by  an  adverse  claimant. 

10.  Datb.— When  no  date  Is  inserted,  the  time  will  be  reckoned  from  iIm 
deliveiy. 

11.  Erasures. — When  an  erasure,  or  interlineation,  is  made  in  a  material 
part  of  a  Deed,  a  memorandum  thereof  should  be  made  in  the  margin,  or  on 
the  back  of  the  Deed,  testifying  that  it  was  done  before  sealing.  If  the  Deed  is 
altered  or  purposely  defaced  by  a  grantee  himself,  after  execution,  it  makes  the 
Deed  void. 

12.  Attestation,  or  Execution.  The  presence  of  witnesses,  is  the  last 
requisite  to  a  deed.  In  some  States,  two,  and  in  others,  one  is  required.  It  is 
however,  always  safe  to  have  two,  and  they  should  be  well  known  persons 
who  can  be  easily  found  if  occasion  should  render  it  necessary. 

See  Forms  of  Deeds,  and  Mortgages,  on  pages  36  to  45.  and  from  p.  50  to  57. 


RECORDING  OF   DEEDS,  AND   WITNESSES    REQUIRED 

In  Maine,  one  witness.    Deed  to  be  recorded  in  the  Registry  of  Deeds. 

In  Nev>  Hampshire,  two  witnesses.    Deed  to  be  recorded  as  above. 

In  Vermont,  the  sime.  Deed  to  be  recorded  by  the  Town  Clerk.  Wife 
must  be  examined  privutely  and  apart  from  her  husband. 

In  Rhode  Island,  same  as  above. 

In  Massachusetts,  two  witnesses  arc  usual,  or  Deed  may  be  acknowledged 
by  one  or  more  grantors.    Deed  to  be  recorded  in  the  Registry  of  Deeds. 

In  Connecticut,  two  witnesses  are  necessary.  Deed  to  be  recorded  as  above. 

Ill  iVeirYbri,  proof  of  the  execution  of  a  Deed  by  one  witness,  or  its  acknow- 
iedgment,  will  entitle  it  to  be  recorded  by  the  Clerk  of  the  County,  within 
fiAeen  days. 

In  New  Jersey,  one  witness  is  necessary.  Deed  to  be  recorded,  or  lodged  for 
that  purpose,  with  the  Clerk  of  the  Court  of  Common  Pleas,  within  six  months. 
Wife  must  be  examined  separately,  ice. 

In  Fennxylvania,  two  witnesses  are  necessary.  Deed  to  be  recorded  in  the 
office  for  Recording  Deeds.    Wife  must  be  examined  separately,  &c. 

In  Delaware,  same  as  above.  Deed  to  be  recorded  within  one  year  in  the 
County  where  the  land  lies.     Wife  must  be  examined  separately, &c. 

In  Maryland,  two  witnesses  are  necessary.  Deed  to  be  recortled  and  enroll- 
ed in  the  Recordsof  the  County  within  six  months.    Wife  must  be  examined. 

In  Virginia,  same  as  above.  Deed  to  be  recorded  by  the  Clerk  of  the  Court 
of  the  County,  City,  or  Corporation,  within  eight  months. 

In  North  Carolina,  the  attestation  of  witnesses  is  not  essential.  Deed  to  be 
recorded  in  the  Registry  of  Deeds  within  two  years.  Wife  must  be  examined. 

In  South  Carolina,  two  witnesses  are  necessary.  Deed  to  be  recorded  in  the 
Clerk's  Office  of  the  County,  within  six  months.    Wife  must  be  examined. 

In  Georgia,  same  as  above.  Deed  to  be  recorded  by  the  Clerk  of  the  Court 
within  one  year.    Wife  must  be  examined  separately,  Ac. 

In  Alabama,  one  witness  is  necessary.  Deed  to  be  recorded  by  the  Clerk  of 
the  County,  within  six  months.    Wife  must  be  examined  separately,  &.c. 

In  MUiissiypi,  two  witnesses  are  necessary.  Deed  to  be  recorded  by  the 
Clerk  of  the  County  Court.    Wife  must  be  examined  separately,  &c. 

la  Louisiarux,  the  transfer  of  real  property  is  effected,  not  by  deed,  as  in  the 
Other  States,  but  by  a  proceeding  called,  "  the  Act  of  Sale."  It  is  the  agreement 
of  the  parties  for  the  sale  and  purchase  of  the  property,  enlOrcd  into  by  them 
and  reduced  to  writing  and  signed  by  all. 


KXEotrnow  of  deeds,     cautions  to  tenants         9 

These  Acts  of  Sale  are  divided  into  private  and  authentic  acts.  Private  when 
mnder  the  hand  of  the  parlies  only.     Authentic  when  executed  before  a  Notary. 

In  Tennessee,  two  wliuesses  are  necessary.  Deed  to  be  recorded  by  the  Reg- 
ister of  the  County  within  a  year.     Wife  must  be  examined  separately,  &c. 

In  Kentucky,  two  witnesses  are  necessary.  Deed  to  be  recorded,  or  deposit- 
ed for  record,  within  sixty  days,  in  the  Clerk's  Office  of  the  County  where  the 
estate,  or  the  greater  part  of  it,  lies.     Wife  must  be  examined  separately,  Ac. 

In  Ohio,  two  witnesses.  Deed  to  be  recorded  in  the  office  of  the  Register  ot 
me  County,  within  six  months.     Wife  must  be  examined  separately,  &c. 

In  Indiana,  one  wiiness.  Deed  to  be  recorded  in  the  Recorder's  Office  of 
the  Couiily,  within  twelve  months.     Wife  must  be  examined  separately,  &c. 

In  Illinois,  two  witnesses.  Deed  to  be  recorded  in  the  Recorder's  Oince  of 
the  County,  within  six  months.     Wife  must  be  examined  separately,  &c. 

In  Missouri,  two  witnesses.  Deed  to  be  recorded  in  the  Recorder  s  Office  of 
the  County,  within  three  months.     Wife  must  be  examined  separately,  &c. 

In  Michigan,  two  witnesses  are  necessary.  Deed  lo  be  recorded  iii  the 
Registry  of  Deeds      Wile  must  be  examined  separately,  &c. 

In  Arkansas,  tioo  (disinterested)  witnesses  are  necessary.  Deed  to  be  re- 
corded by  llie  recorder  of  the  County.   Wife  must  be  examined  separately,  &c. 

In  Florida,  two  witnesses  are  necessary  Deed  to  be  recorded  by  the  Cleric 
of  the  Conn.     Wife  must  be  examined  separately,  &c. 

In  Wisconsin,  tivo  witnesses.     Deed  lo  be  recorded  in  the  Registry  ofDeeda. 

In  Texas, two  wiuiesscs.  Deed  to  be  recorded  by  the  Cleric  of  the  County  Court. 

In  Iowa  and  California^  execution  same  as  in  Missouri. 

LEASES. 

A  Lease  is  a  conveyance  of  lands  or  tenements  in  consideration  of  rent,  or 
other  annual  recompense,  for  life.^  years,  or  at  wiU.  The  contract  for  a 
Leaxt;  m»y  be  expressed  vrrbo^y  or  in  u>ri<(n§-.  If  verbally  it  usually  has  only 
the  fiirce  and  effect  of  a  tenancy  at  will.  If  in  writing,  it  must  be  subscribed  by 
the  party  making  ii,  or  his  authorized  agent. 

Tlie  sintiite  law,  in  some  States,  requirea  that  long  Leases  be  in  writing, 
signed,  sealed  an<l  delivered  in  the  pre^ience  of  one  or  more  subscribing  wit- 
nesses, and  be  registered  and  recorded.  In  Maine,  Massachusetts,  New 
Hampshire,  Michigan  and  Maryland,  the  term  is  seven  years  j  in  New  York, 
Peiins)  Ivaiiia,  Ohio  and  Indiana,  three ;  in  Vermont,  Connecticut,  Rhode  Isl- 
and, and  South  Carolina,  one  :  in  Kentucky  and  Virginia,  five. 

It  is  always  sale  to  have  sealed  instruments  aitested  in  the  presence  of  two 
competent  subscribing  witnesses,  not  persons  picked  up  by  chiince,  but  thoso 
whii  can  l>e  readily  found,  if  wanted. 

The  following  cautions  are  necessary  to  be  observed  on  taking  the  Lease  of 
a  house, 

1.  Whether  there  are  any  symptoms  of  dampness? 

2.  \\  lieiher  the  rhimiieys  are  smoky  7 

3.  Wlieilit-r  ihe  house  is  subject  lo  unpleasnnt  smells? 

4.  Wheihi-r  the  lower  part  of  the  house  is  well  ventilated,  and  there  is  a  good 
diaiiiase  lo  the  cellar? 

5.  Wheilierihe  houxe  is  infested  with  bugs,  cockroaches,  moths,  or  any 
other  rerniin? 

0.     Whetlier  it  is  supplied  with  good  drinking  and  washing  water? 

7.  Whether  the  landlord  will  keep  the  pumps,  cisterns,  &c.  in  good  repair* 

8.  Whether,  if  ihe  water  fulls  or  becomes  impure,  or  the  water  fixtures  get 
out  of  repair,  ilie  tenant  shall  supply  himself,  aAer  due  notice,  at  the  expense 
of  the  Lmidlord? 

9      Whether  the  house  leaks? 

10.  Whether  the  landlord  will  keep  the  pnvy,  water  coiirsei,  tec.,  clean 
and  ill  good  coiidliion? 

11.  Whether  the  house  is  in  goo  J  repair;  and  the  landlord  will  keep  itM» 
during  the  term? 

12.  Wlieiher  the  landlord  is  to  pay  the  taxes?  If  so,  a  covenant  lo  that  ef- 
fect should  be  inserted  among  the  agreements.  If  the  tenant,  the  like  among 
his.  A  Lease  is  a  writien  contract,  and  every  thing  agreed  upon  or  cimiracied 
for  by  the  Landlord  or  Tenant,  should  be  stated  in  the  Lease '  for  no  verbal  coa- 
tract  can  alter  u  written  one. 

For  lurther  intormation  on  this  important  subject  see  Lease, &c  on  d  47  ■  liM 
•peciaily  the  "Landtord't  and  Tenant't  Assiuant,  one  of  ttaU  series.  * 


10  RULES    OF   LAW   AFFECTINS   CONTBACTS. 

RULES    OF    LAW, 

IFrom  Blackstone,  Chitty,  Kent,  Story,  and  American  Report*.] 

A  CONTRACT  is  an  agreement  between  two  contracting  parties, 
entered  into  on  sufFicicnt  consideration,  either  verbally  or  in  writing. 
When  contracts  are  verbal  or  when  written,  and  not  under  seal,  they  arc 
termed  simple  contracts ;  when  sealed  they  are  called  deeds  or  specialties. 

Contracts  are  either  express  or  implied.  Express  when  the  terms  are 
openly  uttered  at  the  time  of  making.  Implied  are  such  as  reason  and 
justice  dictate,  and  which  the  law  presumes  every  man  undertakes  to 
perform.  For  instance,  if  there  is  no  stipulation  as  to  the  price,  when  one 
sells  goods,  or  performs  labor  for  another  at  his  request,  the  Jaw  implies  a 
promise  to  pay  for  such  goods,  or  labor,  so  much  as  they  are  reasonably 
worth.  It  is  also  an  implied  condition  of  work  and  labor,  that  it  be  done 
in  a  suitable  and  workmanlike  manner  But  the  law  will  never  imply  a 
promise  against  a  party's  express  declaration  made  at  the  time. 

A  simple  contract  or  agreement,  whether  verbal  or  in  writing,  without 
a  sufficient  consideration,  is  totally  void  in  law,  and  the  parties  cannot  be 
compelled  to  perform  it.  There  is  but  one  exception  to  this  rule,  and  that 
applies  to  negotiable  instruments  in  the  hands  of  an  innocent  indorsee. 
But  if  a  contract  is  deliberately  made,  without  fraud,  and  with  a  full 
knowledge  of  the  circumstances,  any  damage,  suspension,  or  forbearance 
of  a  right,  will  be  sufficient  consideraticn.  When  promises  are  mutual, 
and  the  one  the  consideration  of  the  other,  they  are  valid.  A  guaranty  for 
the  payment  of  a  note,  like  any  other  promise,  without  any  considera- 
tion, is  void,  4  Pick.  389 ;  unless  the  undertaking  is  contemporaneous  with 
the  original  debt.  The  considcrntiou  is  not  always  the  governing  prin- 
ciple on  which  the  validity  of  contracts  depends,  for  contracts  which  are 
contrary  to  public  policy,  or  the  principles  of  morality,  or  in  contravcntioa 
of  express  statutes,  or  principles  of  law,  cannot  be  enforced,  although 
founded  on  a  legal  consideration.  If  any  part  of  the  entire  consideration  of 
a  contract  is  illegal,  as  against  morals  or  public  policy,  the  whole  is  void. 

Among  contracts  contrary  to  public  policy,  is  that  of  a  man  binding 
himself  not  to  exercise  his  trade  or  business  3  but  if,  for  a  valuable  consia- 
tralion,  he  engages  not  to  exercise  his  trade  in  a  particular  place,  he  may 
exercise  it  elsewhere. — Thus,  an  ag^reement  not  to  run  a  stage  coach  on  a 
particular  road — or  with  a  mechanic  or  tradesman,  to  g^ve  ilie  purchaser 
all  his  custom^-or  not  to  carry  on  his  business  witliin  a  certain  distance, 
for  iiisteuice,  t<>n  miles,  is  good,  and  the  contract  will  not  be  impeached, 
either  in  law  or  equity.  —  A  bond  that  the  obligor  shall  never  carry  on,  or 
be  concerned  in,  the  iron  business,  is  void.    19  Pick.  61. 

A  Contract  may  also  be  void  for  want  of  some  formality  required  by 
law.  Tlie  English  Statute  of  Frauds  has  been  substantially  copied  in 
nearly  all  the  SStates.  It  provides  that — in  the  /allowing  cases, — every 
agreement  shall  he  void  unless  the  same,  or  some  note  or  memorandum 
thereof,  be  in  writing,**  and  subscribed  by  the  party  to  be  charged  therewith. 

1.  Every  agreement  that,  by  its  terms,  is  not  to  be  performed  wiihiv 
one  yat,  from  the  making  thereof,  2.  Every  special  p»-omise  to  answer 
the  debt,  default,  or  misdoings  of  another.  3.  Every  contract  for  the  sale 
of  any  lands,  or  any  interest  in  lands. 

Every  contract  for  the  sale  of  any  goods,  chattels,  or  things,  for  the  price 
of  ten  pounds  f,  or  more,  is  void,  unless 

•  III  New  York  the  Contract  is  void  if  the  consideration  bt  not  expressed  in  ths 
insirummt.  In  Maine,  Massachusetts,  Vermont,  Iiidiiwa,  Wisconsin,  and 
Other  Slates,  it  is  not  required, 

t  111  the  fullowing  Stales  the  amount  has  been  fixed  by  Statute: — Maine, 
and  New  JenevSaO:  New  Hampshire,  33;  Vermont,  fl40 ;  Connecticut  3$^ 
Missouri  (30 ;  New  York,  Massachusetts.  >Visconsiu,  and  Indians  960. 


RULES   OP   LAW   AFFECTING   CONTRACTS.  11 

It  A  note  or  memorandum  of  such  contract  be  made  in  writing,  and  b« 
Bubarribed  by  the  parties  to  be  charged  thereby,  or  their  agents  ;  or 

2.     Unless  the  buyer  shall  accept  and  receive  part  of  such  goods  ;  or 

S  Unless  the  buyer  shall,  at  the  time,  pay  some  part  of  the  purchase 
money ;  or  give  something  in  earnest  to  bind  the  bargain. 

If  after  a  verbal  contract,  for  the  delivery  of  goods,  the  vendor  deliver 
to  the  vendee  a  bill  of  parcels,  it  will  be  a  sufficient  memorandum  in  wri- 
ting to  take  the  case  out  of  the  statute.  11  Mass.  6.  iSo  a  broker  being 
the  agent  of  both  buyer  and  seller,  his  signature  binds  both  parties ;  and  so 
of  an  auctioneer. 

A  contract  to  sell  goods  (for  the  price   of dollars  or  more)  is  void, 

unless  the  same  is  in  writing ; —  iSo  is  the  letting  of  a  house,  or  store,  for 
more  than  one  year; — So  is  an  agreement  for  a  year's  service  to  com- 
mence at  a  subsequent  day  ; — So  is  an  agreement  for  the  sale  of  land; 
—  And  so  is  a  promise  to  pay  the  debt  oi^another,  and  even  when  such 
promise  is  in  writing,  there  must  be  some  consideration — as  forbearance,  or 
otherwise.  If  two  parties  go  together  into  a  warehouse  or  shop,  and,  upon 
the  one  selecting  and  giving  an  order  for  goods,  the  other  engages  verbally 
to  pay  for  those  goods  in  case  the  other  does  not ;  in  whatever  form  of 
words  that  promise  is  made  or  given,  he  is  not  bound  b^  it  —  it  must  be 
reduced  to  writing.  When,  however,  the  credit  is  not  given  to  the  buyer, 
but  to  the  guarantor  in  the  first  instcmce,  as  where  A.  tells  a  merchant  that 
he  will  be  responsible  for  goods  purchased  by  C.  and  the  merchant  charges 
tlie  goods  to  A.  the  promise  need  not  be  in  writing  to  bind  the  guarantor. 

In  Maine,  Massachasetls,  and  Vermont  no  person  is  liable  by  reason 
of  any  rfpresentalion,  recommendation,  or  assurance  made  concerning  the 
character,  conduct,  credit,  ability,  trade  or  dealings  of  any  other  person, 
unless  such  representation  or  aissurance  be  made  in  writing,  and  signed 
by  the  party  to  be  charged  thereby.  In  many  of  the  States  a  verbal  as- 
surance is  sufficient  to  create  such  liability. 

All  Actions  founded  upon  any  Contract  under  seai,,  and  in  general 
attested  Notes,  Bills  or  Notes  signed  by  a  Bank,  Judgments  of  Courts, 
and  for  Recovery  of  Lands,  are  embraced  in  the  generiu  law  of  limitation, 
which  varies  in  different  States,  from  ten  to  twenty  years. 

All  Actions  of  Debt  founded  upon  any  Contract,  or  Liability  HOT  VH 
DEB.  SEAL,  or  witnessed,  must  be  brought  within  sis  yearsJn 

Maine ;  New  Hampshire  j  Vermont ;  Massachusetts ;  Rhode  Island, 
(except  between  merchants)  ;  Connecticut,  (except  notes  not  negotiable, 
then  seventeen  years) ;  New  York  ;  New  Jersey;  Pennsylvania,  (except 
between  merchants) ;  Ohio,  (if  in  writing,  then  fifteen  years) ;  Michigan; 
Iowa ;  Indiana,  (except  notes  and  written  contracts,  then  twenty  years)  ; 
Wibconsin ;  Alabama,  (except  between  merchants) ;  Mississippi,  (except 
store  accounts,  then  two  years) ;  Delaware  3,  (except  between  merchants) ; 
Maryland  3.  (except  between  merchants) ;  North  Carolina  3,  (except  be- 
tween mercoauts) ;  Tennessee  3,  (except  between  merchants) ;  Virginia  5, 
store  accounts  2;  South  Carolina  4,  (except  between  merchants) ,  Georgia, 
upon  notes  ajid  written  contracts  6,  open  accounts  4;  Illinois  5,  (except 
open  accounts) ;  Florida  6,  (except  between  merchants,)  book  accounts  2 ; 
Kentucky  5,  store  accounts  1 ;  Missouri,  sealed  or  unsealed  10,  open 
accounts  2  ;  Arkansas,  upon  written  contracts  5,  store  accounts  4 ;  Tex- 
as, upon  written  contracts  4,  (except  between  merchants),  store  accounts 
2;  California,  upon  written  contracts  4,  when  not  written  3;  Louisiana, 
upon  bills,  notes,  and  everything  negotiable  by  endorsement  5,  other 
accounts,  from  1  to  3  years. 

In  general  the  timeof  absence  of  debtor  from  the  State  is  not  computed; 
and  in  an  action  brought  to  recover  a  balance  due,  upon  an  open  account, 
the  cause  of  action  shall  be  deemed  to  have  accrued  from  the  time  of 
the  last  item  charged  in  the  accoimL 


12  CONSTRUCTION    OF   A   CONTRACT. 


CONTRACTS  MADE  ON  SUNDAY.  A  Note  or  other  Contract 
written  on  Sunday  is  void ;  but  it  is  not  void,  though  written  on  Sunday, 
if  it  be  delivered  on  some  other  day.  19  Ver.  338.  When  a  Contract  is 
written  on  Sunday,  it  is  competent  on  another  day  for  the  other  party  to 
demand  a  return  of  the  thing  delivered,  and  where  impracticable,  com- 
pensation ;  and  if  the  other  party  refuse,  the  original  contract  becomes 
thereby  affirmed  and  binding.    19  Ver.  358. 

CONSTRUCTION  OF  A  CONTRACT.  In  the  construction  of 
Contracts,  the  intention  of  the  parties  must  govern;  words  are  to  be 
taken  in  their  natural  and  obvious  sense ;  when  the  intention  is  doubtful, 
the  context  may  be  resorted  to  to  explain  ambiguous  terms ;  the  whole  of 
the  instrument  is  to  be  viewed  and  compared  in  all  its  parts,  so  that  every 
part  of  it  may  be  made  consistent  and  effectual.  The  law  does  not,  ib 
general,  require  a  formal  contract  drawn  up  with  technical  precision.  And 
the  useless  repetitions,  which  often  encumber  legal  instruments,  may  al- 
ways be  omitted,  as  they  give  no  additional  strength  to  the  contract. 

Where  the  language  of  an  agreement  is  plain  and  unequivocal,  there  is 
no  room  for  construction,  and  it  must  be  carried  into  effect  according  to 
its  plain  meaning. 

Ambiguities  in  deeds  or  other  instruments  are  generally  interpreted 
against  the  grantor,  or  contractor.  So  where  a  man  gave  a  note  expressed 
to  be  "  for  money  borrowed,  which  1  promise  never  to  pay,"  it  was  held 
that  the  word  net'cr  might  be  rejected.  So  if  a  man  promises  to  pay  in  a 
short  time,  it  is  void  for  uncertainty,  but  if  he  promises  to  pay  without 
nuention  of  time,  it  will  be  taken  to  mean  on  demand.  And  so  in  an  ex- 
ception in  a  lease,  if  there  be  any  doubt  about  the  meaning  of  the  except- 
tion  it  shall  be  construed   against  the  lessor. 

An  agreement  shall  hare  a  reasonable  construction  according  to  the  in- 
tent of  the  parties. 

The  defendant  promised  the  plaintiff,  in  consideration  of  a  wagon  de- 
livered to  him  by  the  plaintiff,  at  the  time  of  the  contract,  to  break  up  for 
the  plaintiff  sixteen  acres  of  new  ground  on  or  before  a  certain  day.  Held 
that  the  piece  of  ground  to  be  broken  up,  ii'not  specified  in  the  contract, 
might  be  designated  by  the  plaintiff.    8  Blackf.  571. 

A  sale  for  approved  indorsed  paper  means  in  law  a  sale  for  paper 
which  ought  to  oe  approved,  and  not  for  paper  such  as  the  seller  may  ap- 
prove.   4  Serg.  &  K.  1. 

A  party  is  bound,  in  the  absence  of  any  misrepresentation  of  facts,  by 
the  legal  effect  of  his  contract,  and  he  is  presumed  to  know  that  legal  ef- 
fect, and  to  intend  it  to  have  it     1  Ind.  Rep.  304.  „ 

Where  a  contract  is  made  for  any  building,  it  becomes  a  law  to  the  par- 
ties, and  they  are  both  bound  by  it,  and  whatever  additions  and  alterations 
are  made  in  such  building,  they  form  a  new  contract  either  express  or  im- 
plied, without  affecting  the  original  contract,  and  must  be  paid  for,  agree- 
ably to  such  new  contract. 

A  local  usage  cannot  be  considered  a  part  of  a  contract  when  it  contra- 
dicts that  contract. 

Contracts  valid  in  the  place  where  made,  are  valid  everywhere,  unless 
immoral,  or  contrary  to  public  policy.     Story  Con.  Law.  203. 

So  contracts  void  by  the  law  of  the  land  where  made,  are  void  every- 
where. Remedies  upon  contracts  and  their  incidents,  are  regulated  and 
pursued  according  to  the  law  of  the  place  where  the  action  is  instituted. 

PERFORMANCE  OF  A  CONTRACT.— A  mere  readiness  of  the 
debtor  to  pay  his  debt,  is  not  sufficient,  he  is  bound  to  go  to  the  creditor 
and  tender  it  to  him,  in  order  to  exonerate  himself  from  liability. 

When  a  contract  is  to  be  performed  within  a  certain  time  aAer  date,  the 
day  of  the  date  is  to  be  excluded. 


FERFORMANCK    OF    A   CONTRACT. —  FRAUD.  13 

A  contract  to  complete  a  work  by  a  particular  time,  means  that  it  shall 
be  done  before  that  time. 

An  entire  contract  cannot  be  apportioned.  If  a  party  undertake  to  com- 
plete a  certain  act,  which  is  entire  and  indivisible,  before  his  claim  to  re- 
muneration is  to  accrue,  he  cannot  recover  for  a  partial  performnnce, 
although  the  completion  of  the  act  was  prevented  by  inevitable  accident. 
Thus,  where  a  sailor  was  to  be  paid  a  certain  sum  if  he  proceeded  and 
continued  on  a  voyage,  and  he  died  before  the  voyage  was  completed,  his 
executor  could  claim  no  part  of  his  wages.  So,  if  a  landlord  accept  the 
surrender  of  a  tenancy  before  the  close  of  a  quarter,  he  cannot  recover  any 
part  of  it.  And  so,  if  the  tenant  be  evicted  (compelled  to  leave  the  pre- 
mises) before  the  close  of  the  quarter,  no  rent  can  be  recovered  for  the 
portion  of  the  quarter  in  which  he  occupied.  [See  Lata  of  Tenancy,  iu 
the  "Landlord's   and  Tenant's  Assistant,"  one  of  this  series. 

If  a  person  is  hired  'for  six  months,  or  other  definite  time,  and  leaves 
before  the  end  of  it,  without  reasonable  cause,  he  loses  his  right  to  wages 
for  the  period  he  has  served.  But  if  he  is  dismissed  without  cause  he 
can  recover  for  the  whole  term.  And  it  is  no  sufficient  cause  for  his  aband- 
oning  h  s  contract,  that  he  was  put  upon  work  not  contemplated  at  the  time 
the  contract  was  made.  But  if  he  is  prevented  by  sickness  from  laboring 
during  the  stipulated  period,  he  may  recover  for  his  services  as  much  as 
his  services  were  worth,  for  the  time  he  labored. 

When  a  special  contract  is  made  to  perform  work,  and  furnish  materi- 
als, and  the  work  is  done,  and  the  materials  are  furnished,  but  not  accord 
ing  to  the  stipulations  in  the  contract,  if  the  work  and  materials  are  of  some 
TcUuc  and  bciietit  to  the  other  contracting  party,  the  Brit  party  may  recovei 
as  much  as  his  services  and  the  materials  were  worth.  7  Pick  181. 

A  person  who  undertakes  to  perform  a  job  of  work  by  special  contract,' 
must  perform  his  contract  before  he  is  entitled  to  his  pay.    5  Johns.  85. 

If  ill  a  coiuract  for  the  sale  of  goods,  no  time  be  given  for  payment,  tha 
law  implies  a  contract  to  pay  for  them  on  delivery. 

If  a  person  contract  to  do  a  thing  on  demand,  or  on  notice,  he  will  b« 
entitled  to  a  reasonable  time  in  which  to  do  the  thing,  af\er  a  demand 
made  or  notice  given.     12  Mass.  121. 

A  contract  for  the  hire  and  service  of  an  agent,  clerk,  or  servant,  need 
not  be  in  writing,  unless  by  the  terms  of  the  bargain  the  employment  is  to 
extend  beyond  a  year. 

When  a  promisor  undertakes  to  pay  a  certain  number  of  dollars  in  spe 
eific  articles,  he  must  deliver  the  articles  on  the  day  named,  or  he  will  b« 
bound  to  pay  the  sum  stated  in  money. 

The  measure  of  damages,  in  case  of  a  breach  of  contract  for  the  sale  of 
a  chattel,  is  the  cash  value  of  the  article  at  the  time  it  should  have  been 
delivered.  Anticipated  profits, or  speculations  in  real  property,  cannot  bt 
recovered  as  damages  for  a  breach  of  contract. 

FRAUD.  Fraud  invalidates  every  transaction  as  well  at  law  as  in  equi 
ty,  and  generally  consists  either  in  the  misrepresentation,  or  the  con 
eealment  of  a  material  fact. 

When  money  or  goods  are  obtained  by  fraud,  the  lender  or  seller  may  ' 
treat  the  loan  or  sale  as  a  nullity.     He  may  even  claim  them  in  the  handft 
of  the  sheriff,  but  not  in  the  hands  of  a  bona  fide  purchaser.     15  Mass.  156: ' 

When  a  party  has  been  led  to  enter  into  a  contract  by  the  fraud  of  the 
other  parly,  he  may,  upon  discovering  the  fraud,  rescind  the  contract,  and  " 
recover  whatever  he  has  advanced  upon  it,  provided  he  does  so  at  the  ear- 
liest moment  after  he  has  knowledge  of  the  fraud,  and  returns  whatever 
he  has  himself  received  upon  it.    I  Denio's  N.  Y.  R.  69. 

If  one  party  suffer  anotner  to  buy  an  article  under  a  delusion  created  bj 
hia  own  conduct,  it  will  be  deemed  fraudulent.    The  seller  is  bound  la 

2  -^.r'^r/ 


14  TENDER. INTEREST. NnGLIGENCE. 

disclose  latent  {hidden,  secret)  defects ;  bat  those  open  to  the  observa- 
tion of  both  parties,  he  need  not.  2  Kent.  482.  If  the  seller  say  or  do 
anything  with  an  intention  to  divert  the  eye  or  obscure  the  observation  of 
the  buyer,  even  in  relation  to  open  defects,  he  will  be  guilty  of  fraud. 

The  seller  is  liable  if  he  fraudulently  misrepresent  the  quality  of  the 
thing  sold,  in  some  particulars,  of  which  the  buyer  has  nbt  equal  means  of 
knowledge  with  himself;  or  if  he  do  so  in  such  a  manner  as  to  induce  the 
buyer  to  forbear  making  inquiries,  which,  for  his  own  security  he  would 
otherwise  make.    2  Kent,  487. 

In  the  sale  of  provisions  for  domestic  use,  the  vendor  is  bound  to  know 
that  they  are  sound  and  wholesome  at  his  peril,  and  if  they  are  not  so,  he 
is  liable  in  an  action.     10  Afass.  R.  197. 

RESCINDING.  In  general,  a  contract  cannot  be  rescinded,  unless  by 
consent  of  both  parties,  except  in  case  of  fraud. 

A  party  having  a  right  to  rescind  a  contract,  must  exercise  the  right 
within  a  reasonable  time. 

Where  parties  agree  to  rescind  a  sale  once  made  and  perfected  without 
fraud,  the  same  formalities  of  delivery,  &c.  are  necessary  to  revest  the 
property  in  the  original  vendor,  which  were  necessary  to  pass  it  from  him 
to  tne  vendee. 

TENDER.  A  tender  should  be  unconditional,  and  of  a  certain  and 
definite  character.  Where  the  delendant  demanded  a  receipt,  which  the 
plaintiff  refused  to  give,  it  was  held  that  the  defendant  had  lost  all  benefit 
of  tender.     1 2  M  ass .  450. 

A  tender  does  not  bar,  or  extinguish  the  debt ;  for  the  debtor  is  still  liable 
to  pay  it;  but  it  bars  the  claim  to  subsequent  damages,  interest,  and  costs 
of  defence  atgainst  the  plaintiff.  A  debtor  should  tender  the  full  amount 
of  the  debt  with  the  interest  and  costs  which  have  accrued. 

A  tender  of  more  money  than  is  due  is  good  for  what  is  due, 

A  tender  may  be  made  by  a  third  person,  by  debtor's  desire,  and  on 
his  behalf.  It  should  be  made  in  lawful  coin ;  and  it  is  always  safe  to 
produce  and  show  the  money. 

INTEREST,  Interest  is  allowed  on  a  merchant's  account  from  the 
time  the  credit  given  has  expired.  So,  interest  will  be  allowed  afler  a 
demand  of  payment,  from  the  time  of  the  demand.  Interest  may  be  col- 
lected on  an  execution  from  the  time  of  the  rendition  of  judgment.  The 
law  does  not  allow  interest  upou  interest  accrued,  even  where  a  note  is 
made  payable  with  interest  annually.    7  Grcenl.  45;  8  IVlass  445. 

Interest  is  never  allowed  to  form  a  part  of  the  principal,  so  as  to  carry 
interest,  for  the  effect  in  such  case  would  be  to  give  compound  interest, 
which  tne  law  does  not  allow. 

If  a  debtor  make«  payment  generally  on  a  Dote,bond,  &c.,  it  applies  first 
,to  extinguish  the  interest. 

NEGLIGENCE.  An  action  will  lie  for  any  injury  consequential  upon 
any  act  of  the  defendant,  whether  the  act  be  lawful  or  unlawful,  and  ndt- 
withstanding  the  injury  be  accidental  and  contrary  to  bis  intention,  if  (he 
act  be  unnecessary,  or  be  attended  with  circumstances  of  carelessness 
and  inattention,     I  Mass.  R.  139. 

A  printer  of  a  newspaper  is  liable  for  carelessly  printing  an  advertise- 
ment— So  is  an  agent  for  taking  insufficient  security  for  his  principal. 

If  an  attorney  n^ligently  lose  the  debt  of  his  employer  he  is  liable.  Suf- 
fering judgment  to  go  by  default  is  prima  fade  such  negligence  as  will 
make  an  attorney  liable. 

An  attorney  at  law  who  collects  money  and  neglects  or  refuses  to  pay  it 
over  to  his  client  until  sued  for  it,  is  entitled  to  no  compensation  for  his 
professional  services.  Attorneys  may  be  expelled  the  bar  lor  deceit,  mal- 
practice, or  other  gross  misconduct. 


INNKEEPERS. COMMON   CARRIERS. AGENTS.         15 

INNKEEPERS.  An  innkeeper  is  responsible  for  the  acts  of  his  do- 
mestics, and  for  thefls,  and  ib  bound  to  take  all  possible  care  of  the  goods 
and  chattels,  and  money  of  his  guest,  which  are  placed  within  the  inn  ;  and 
it  is  no  excuse  for  the  innkeeper  that  he  was  at  the  time  of  the  loss  sick  or 
insane.  It  is  not  necessary  that  the  goods  be  in  the  innkeeper's  special 
keeping  if  they  are  in  the  inn  that  is  sufficient    2  Kent,  593. 

Innkeepers  are  liable  to  the  same  extent  as  Common  Carriers  and,  like 
them,  are  regarded  as  insurers  of  the  baggage,  or  other  property,  commit- 
ted to  their  care,  and  arc  bound  to  make  restitution  for  any  injury  or  loss, 
not  caused  by  the  act  of  God,  or  the  common  enemy,  or  the  neglect  or 
fault  of  the  owner  of  the  property.    9  Pick.  280. 

By  a  recent  law  of  Massachusetts  an  innkeeper  is  liable  only  for  wearing^ 
apparel,  baggage,  and  money  necessary  for  travelling  expenses,  and  per- 
sonal use,  unless  the  property  of  the  euest  be  delivered  into  his  posses- 
sion ;  and  in  case  of  loss  by  fire  he  is  only  answerable  for  ordinary  care. 

COMMON  CARRIERS.  AH  persons  who  transport  goods  from  place 
to  i>lace,  for  hire,  whether  usually  or  occasionally,  whether  as  a  principal,  m- 
cidciital.  or  subordinate  occupation,  are  common  carriers ;  and  are  liable  for 
all  accidents  and  losses  whicn  can  occur  by  human  agency,  whether  an^ 
negligence  be  proved  or  not.  They  are  not  liable  for  misfortunes  and  acci- 
dents arising  from  inevitable  necessity.  In  bills  of  lading  the  words  ''perils 
0j  the  sea"  are  construed  to  mean  inevitable  accidents.  An  exception  in  a 
bill  of  lading  "  unavoidable  dangers  and  accidents  of  the  road"  is  not  a  re- 
striction of  the  carrier's  general  liability.  Loss  by  fire  on  a  boat  is  not 
one  of  the  dangers  oi  the  river.  The  carrier  can  only  limit  his  liability 
by  special  contract  or  by  notice ;  but  the  notice  must  be  actually  brought 
home  to  the  knowledge  of  the  party  intrusting  goods  to  him.  The  Carri- 
er's ack-ertising  his  terms  in  newspapers,  or  posting  up  placards  in  his 
office,  is  held  insufficient,  unless  Uie  contents  were  actually  known  to  the 
owner.  Damages  in  case  of  loss  of  goods  by  carriers,  is  the  wholesale 
price  of  the  goods  at  the  place  where  thoy  were  contracted  to  be  deliv- 
ered, deducting  freight,  "rhe  carrier  has  a  right  to  his  freight  in  advance. 
His  lien  continues  while  the  goods  are  in  his  possession.  He  has  no  right 
to  sell  the  goods  for  his  freight,  if  consignee  cannot  be  found,  or  refuses  or 
It)  nnuhlc  to  take  them,  unless  the  goods  are  of  a  ■perishable  nature,  or  the 
statutes  of  the  State  permit.  He  should  place  tnem  in  store  wim  some 
responsible  person,  for  and  on  account  of  the  owner,  and  notify  him  of  the 
fact.  A  carrier  may  have  his  action  against  both  consignor  and  consignee! 
Goods  in  transitu,  in  the  hands  of  the  carrier  are  not  liable  to  attachment 
as  the  property  of  the  consignee. 

It  has  been  held  that  if  a  trunk  be  lost  by  a  carrier,  the  owner  and  his 
wife  are  competent  witnesses  to  prove  the  contents  and  their  value  ;  but 
llic  rule  only  extends  to  such  articles  as  are  commonly  carried  in  a  travel- 
Img.  trunk.  6  Johns.  160. —  |  See  further  on  the  same  subject  in  the  "  Ship 
pkr'b  and  Carrier's  Assistant, — one  of  this  series.] 

AGENT.  An  agent  signing  sealed  instruments  in  his  own  name,  be- 
comes personally  responsible.  But  in  contracts  not  under  seal,  if  the 
agent  intends  to  bind  his  principal  and  not  himself,  it  will  be  sufficient  if 
it  appear  in  such  contract  that  he  acts  as  agent,  "The  proper  mode  is  to 
sign  the  name  of  his  principal  first,  and  then,  underneath,  his  own  name 
■8  agent,  or  attormy,  thus : — A.  B.,  by  his  attorney  C.  D. 

When  by  negligence  or  unskilfulncss  of  the  agent,  the  principal  derivet 
no  benefit  from  the  acts  of  the  latter,  be  is  not  entitled  to  any  compensation. 

An  agent  is  not  liable  to  his  principal,  for  not  accounting  until  demand, 
24  Wend.  203,  which  demand  should  bo  made  at  his  residence,  and  suffi 
cient  opportunity  be  given  him  for  payment.     10  Ver.  474. 

"The  common  count  for  moneys  had  and  received  lies  by  a  principal 
against  his  agent,  to  recover  the  amount  of  moneys  collected  and  received 
by  the  latter  for  bis  use ;  or  the  procetids  of  goods  sold  by  the  agent. 


16  AGREEMENTS. 

AGREEMENTS. 


All  agreemTits  should,  as  far  its  practicable,  be  reduced  to  writing. 

In  all  Contracts  be  careful  that  every  thing  demanded,  or  assented  to,  be 
Jiilly  and  distinctly  stated  in  the  ogreeTnent;  for  when  an  agreement  is  re- 
duced to  writing,  it  is  supposed  to  contain  all  the  terms  and  conditions 
which  the  parties  have  agreed  on. — It  is  an  inflexible  rule  of  law  that  pa- 
rol (unwritten)  evidence  is  not  admissible  to  supply  or  contradict,  en- 
large or  yary  the  words  of  a  written  contract.     12  Johns.  488. 


General  Form  of  Agreement  for  Selling,  Buying,  Bar- 
tering, Manufacturing,  or  for  any  other  purpose. 

This  Agreement,  made  this day  of ,  A.  D. 

1853,  between  A.  B.,  of  ,  of  the  one  part,  and  C. 

D.  of ,  of  the  other  part,  Witnesseth  : 

That  the  said  A.  B  ,  for  the  consideration  hereafter 
mentioned,  promises  and  agrees  to*  [Acre  state  the  agree- 
ment, whether  to  build,  make,  sell,  deliver,  4*c.] 

In  consideration  whereof,  the  said  C.  D.  hereby  agrees 
to  pay  to  the  said  A.  B.  [here  state  the  conditions,  whether 
to  pay  in  goods,  cash,  notes,  ^c.] 

(The  following  Penal  Obligation  can  be  used  or  omitted.  It  is  generally  of  no 
force,  as  the  law  allows  inmost  cases,  only  for  the  actnal  damage  sustained. 
See  remarks  on  the  subject  at  page  38. — It  is  a  general  rule  that  the  delinquent 
shall  answer  for  all  the  injury  which  results  from  the  immeiliaie  and  direct 
breach  of  his  agreement ;  but  not  from  any  remote  consequences.] 
f  And  it  is  further  agreed  between  the  parties  hereto,  that  the  party  that  shall 

fail  to  perform  this  agreement  on  bis  part,  will  pay  to  the  other  the  sum  of — 

dollars  as  liquidated,  fixed,  and  settled  damages.] 

In  witness  whereof,  they  have  hereto  intierchangeably 
set  their  hands  and  seals  the  day  and  year  first  above 
written.  A.  B.       (l.  s.) 

.   Ezecuted in  presence  of  C.  D.         (l.  s.) 

•  I/t/ie  Agreement  is  to  sell  and  deliver  Wood,  or  other  articles,  say: — 

[sell  to  the  said  A.  B., cords  of  seasoned  hickory,  (or  maple  white-oak, 

beech,  birch,  &.e.,  as  the  case  maybe,)    wood,  and  to  deliver  nnci  securely  pile 

the  same  on  the  wharf  of  the  said  C.  D,  in ,  on  or  before  the day 

of  next.] 

If  the  Contract  is  to  make  shoes,  ^e.,  say: — 

[make  and  deliver  to  the  said  C.  D.,  within days   from  the  date  of  this 

contract,  two  hundred  pairs  of  ahoes,  of  the  same  quality  ot  leather,  goodness 
of  workmanship,  and  size,  and  in  all  respects  according  to  the  p»ltern  or  sam- 
ple agreed  on  by  the  parties,  on  which  both  of  the  parties  hove  written  their 
names  with  the  date  of  this  acreoment,  and  which  sample  is  iu  the  hands  of  the 
■aid  C.  D.] 

Jfto  sell  a  horse,  say  : — 
[sell  to  the  said  C.  D.  his  black  mare,  known  as  black  Fanny,  7  vears  old, 
weighing  about  900  lbs.,  and  to  warrant  said  mare  to  be  sound,  and  kind  in  all 
harness,  to  ride  easy,  and  as  a  ladies'  saddle  borse.] 

If  to  sell  animals,  say  :— 
[sell  and  deliver  to  C.  D.  on  the  —  day  of  ^-  next,  at  Ui  hotue  in  — ,  one  yok^ 
of  three  year  old  oxeo.] 


AGREEMENTS.  17 

2.    Agreement  to  submit  to  Arbitration.* 

Know  all  men  by  these  presents,  That  A  B.  of 

,  in  the  county  of and  commonwealth  [or,  state] 

of ,  and  the Fire  Insurance  Company,  a  Corpora 

tion  by  law  duly  established  in ,  in  the  county  of 

and  commonwealth  [or,  state]  of ,  have  agreed  to  sub- 
mit the  demand,  which  the  said  A.  B.  has  against  the  said 
Company  upon  a  certain  Policy  of  Insurance  against  fire, 
made  by  the  said  Company  in  favor  of  the  said  A.  B.,  (a 
true  copy  of  which  Policy  is  hereunto  annexed)  to  the 

determination  of  D.  E.  F.,  G.  H.  I.  &  K.  L.,  of , 

the  award  of  whom,  or  the  greater  part  of  whom,  being 

made  and  reported  within days  from  this  day  to  the 

Court   of for  the   county  of ,  the  judgment 

thereon  shall  be  final :  and  if  either  party  shall  neglect  to 
appear  before  the  arbitrators,  after  due  notice  given  them 
of  the  time  and  place  appointed  for  hearing  the  parties, 
the  arbitrators  may  proceed  in  his  absence. 

Dated  this day  of A.  D.  185 — 

A.  B.,  Party  Insured. 
C.  D.,  Pres't  Ins.  Co. 
Kgned,  sealed  and  dHieered  in  presence  of 

3.  Agreement  for  the  Sale  of  an  Estate. 

An  Agreement  between  A.  B.,  of ,  and  C.  D., 

of ,  as  follows: — 

The  said  A,  B.,  for  the  consideration  hereafter  men- 
tioned, doth  covenant  and  agree  to  convey  to  said  C.  D. 
in  fee,  all  that  lot  of  land,  situate  in  M,  [give  descrip- 
tion, boundaries,  &-c.]  by  a  warranty  deed  in  common 
form,  with  a  good  title,  and  a  release  of  dower  of  the 
wife  of  said  A.  B,,  on  or  before  the day  of next. 

In  consideration  whereof,  the  said  C.  D.  doth  agree  to 
pay  said  A.  B.  the  sum  of  two  thousand  dollars  in  the  man- 
ner following  : — one  thousand  dollars  in  money  on  deliv- 
ery of  the  deed,  and  one  thousand  dollars  in  a  negotia- 
ble note,  payable  to  said  A.  B.  in  two  years,  with  inter- 
est semi-annually,  secured  by  a  mortgage  of  said  prem- 

*  1/ the  dispute  is  between  individuals  say: — Know  all  Mbit,  That  A.  B. 
of—,  and  C  D.  of — .  have  agreed  to  submil  Ihe  demand  which  Ihe  said  A.  B. 
kas  against  the  saia  C.  D.,  which  is  hereto  annexed,  {or,  and  all  other  de- 
mands between  said  parties, —  or  the  submission  may  be  varied  in  this  respect 
in  any  other  manner)  to  the  determination  &c. —  See  also  Awards  of  Refereei> 
p.  25,  and  Bond  of  Arbitration,  p.  30. 

BMA  2» 


t8  AGREEMENTS. 

ises,  to  be  made  by  said  C.  D.  to  said  A.  B.,  as  collateral 
security  for  the  payment  of  said  note. 

Witness  our  hands  and  seals  this  day  of , 

A.  D.,  1852.  A.  B.       [L.  8.] 

Kgned,  sealed,  and  delivered  in  presence  of  C.   D.  [l..  S.J 

[May  be  acknowledged  and  recorded] 

4.  Agreement  for  the  Sale  of  Flour. 

Articles  of  Agreement  made  between  A.  B.  of — , 
and  C.  D.  of ,  as  follows: — 

The  said  A.  B.  agrees  to  sell  and  deliver  to  said  C.  D., 

at  his  store  in  C,  on  or  before  the day  of 

next,  one  hundred  barrels  of  flour,  warranted  to  be  good 
and  merchantable. 

In  consideration  whereof,  the  said  C.  D.  agrees  to  pay 

said  A.   B., dollars  in  full  for  said  flour,  in  four 

months  from  such  delivery. 

Witness  our  hands  and  seals  this day  of  — ,  1852. 

A.   B.        [L.  8.] 
Tn presence  of  C.    D.       [l.  s.] 

6.  Agreement  with  a  Cleric,  or  Workman. 

It  is  Agreed  by  A.  B.  and  C.  D.,  both  of  D.,  as 
follows : — 

The  said  A.  B.  has  agreed  to  enter  the  service  of 
the  said  C.  D.,  as  a  Journeyman  [or  Clerk,']  and  cove- 
nants and  agrees  faithfully,  honestly  and  diligently  to  give 
and  devote  to  him  his  time  and  labor  as  aforesaid,  for  the 
space  of year    ,  from  the  first  day  of  January  next. 

In  consideration  of  which  service,  so  to  be  performed, 
he,  the  said  C.  D.  covenants  and  agrees  to  allow,  and 
pay  to  the  said  A.  B.,  the  sum  of  four  hundred  dollars 
per  annum,  payable  in  monthly  payments. 

But,  if  the  said  A.  B.  shall  fall  sick,  or  shall  be  absent 
from  the  factory  [or,  shop]  of  the  said  C.  D.,  when  he 
has  employment  for  him,  then  such  absent  time  shall  be 
deducted,  allowed  for,  and  made  up  to  the  said  C.  D. 

In  witness  whereof,  we  have  hereunto  set  our  hands,  &c. 

A.  B.       (l.  8.) 

In  jtrestnct of  C.   D.         (l.  s.) 

6.    Agreement  to  build  a  Store,  or  House. 
This  deed  witnesses.  That  A.  B.  of  W.,  and  C.  D. 
of  X.,  agree  as  follows  : 
The  said  C.  D.,  for  the  consideration  hereafter  men> 


INDENTURE  OF  APPRENTICE.  19 

tioned,  agrees  to  build  and  complete  for  said  A.  B.,  a 
three  story  brick  store,  on  lot  No.  —  Long  Wharf,  in 
the  town  of  B.,  in  accordance  with  the  plan  and  specifi- 
cation signed  by  the  parties;  to  provide  all  necessary 
materials  for  constructing  the  same;  and  the  work  to  be 
done  in  a  faithful  and  workmanlike  manner,  within  six 
months  from  the  date  hereof. 

In    consideration  whereof,  the  said    A.   B.  agrees   to 

pay  to  said  C  D. dollars,  as  follows  :  [here  state  the 

sums  and  times  of  payment.] 

In  witness,  &c.  A.  B        [l.  s.] 

Signed,  sealed  and  delivered  in  presence  of  C.  D.         [l.   8.] 

APPRENTICE.     Indenture  OF. 

This  indenture,  *made  this day  of •,  in  the 

year ,  by  and  between  A.  B.,  of ,  in  the  county 

of ,  ship  carpenter,  and  C.  D.,  of ,  in  the  coun- 
ty of ,  mason,  Witnesseth, — 

That  the  said  A.  B.,  in  consideration  of  the  covenants 
and  agreements  of  the  saidC.  D.,  hereinafter  set  forth  and 
described,  and  in  accordance  with  the  consent  and  wishes 

of  his  son   S.,  of  the  age  of years,  who   hereby 

signifies  his  assent  by  subscribing  this  indenture,  doth 
intrust,  bind,  and  hereby  indent  the  said  S.  to  the  said 
C.  D.,  to  learn  the  art  and  trade  of  [here  describe  the 
particular  trade  or  business]  and  with  him,  as  an  appren- 
tice, to  serve  from  the  day  of  the  date  of  this  indenture, 

until  the day  of in  the  year ,  at  which  time 

he  said  S.  will   arrive  at  the  age  of  twenty-one  years. 

And  the  said  A.  B.,  doth  covenant  with  the  said  C.  D., 
that  for  and  during  the  term  aforesaid,  the  said  S.  shall 
well,  truly  and  faithfully  serve  him,  and  shall  give  and  de- 
vote to  him  his  time  and  labor  ;  that  he  shall  not  destroy 

*  Duplicate  copiei  of  this  Indentare  should  be  made,  one  for  the  master,  and  the 
ether  for  the  apprentice,  his  parent,  or  guardian.  On  the  death  of  the  master  the 
apprenticeship  is  dissolved.  The  master  is  liable  for  necessaries  furnished  the 
apprentice,  and  also  for  medical  attendance.  If  an  apprentice  leave  his  master, 
without  his  consent,  the  master  can  maintain  an  action  (or  his  earnings  and  wageg 
agxinst  the  person  who  shall  employ  him. 

If  an  apprentice  should  be  guilty  of  improper  conduct,  the  master  may,  legally, 
he  discharged  from  the  contract.  The  services  of  the  apprentice  cannot  bo  ai- 
signed  ;  nor,  if  his  master  leaves  the  state,  is  be  obliged  to  go  with  him. 

When  a  Minor  makes  a  Contract  for  hia  services  on  his  own  account,  bis 
father  not  objecting,  this  will  be  considered  an  implied  contract  on  the  part  of 
the  father  for  the  child  to  have  his  earnings,  and  tne  father  consequently  haf 
no  claims  thereto.    Pick.  M.  R.  201. 


20        ASSIGNMENTS    OF    CONTRACTS   AND    MORTGAGES. 

or  injure  the  property  of  the  said  C.  D.,  but  shall  endeav- 
or to  advance  the  interest  and  benefit  of  his  business, 
and  shall  conduct  himself  in  a  temperate,  honest  and  in« 
dustrious  manner. 

And  the  said  C  D.,  doth  hereby  covenant  with  thesaid 
A.  B,,  that  he  will  truly  and  faithfully  instruct  and  teach 
the  said  S.,  in  the  art  and  trade  aforesaid,  to  the  best  of  his 
knowledge  and  skill,  and  as  far  and  fast  as  the  said  S,  may 
show  himself  disposed  and  capable  of  learning  the  same  ; 
that  he  will,  during  the  term  aforesaid,  supply  him  with 
good  and  suitable  food,  lodging  and  clothing,  and  all 
things  necessary  in  sickness  and  in  health,  and  teach  him 
habits  of  industry  and  good  morals. 

And  the  said  C.  D.  further  covenants  with  the  said  A. 
B.,  that  he  will  pay  to  the  said  S.  the  following  sums  of 

money ;  for  the  first  year  of  his  service, dollars ;  for 

the  second  year  of  his  service, dollars ;  and  for  every 

subsequent  year  till  he  shall  arrive  at  the  age  of  twenty-one 

years, dollars,  the  said  sums  to  be  paid  annually  on 

the  first  day  of  January. 

And  thesaid  S.  hereby  signifies  his  assent  to  the  terms 
and  covenants  in  this  indenture,  and  promises  to  keep 
and  perform  the  same  on  his  part. 

In  testimony  whereof,  we,  the  said  A.  B.,  C.  D.,  and  S. 
B.,  have  hereunto  set  our  hands  and  seals  the  day  and  year 
above  Written.         Signed,  A.  B.       (l.  s.) 

C.  D.       (I..  8.) 

Bteeuted  in  presence  of  S.  B.  (l.  s.) 

ASSIGN  MENTS.* 

1.  Assignment  to  be  written  on  the  back  of  a  Bond,  Cove- 
nant, Agreement,  Bill  of  Sale,  or  other  Instrument. 
Know  all  men  by  these  presents.  That  I,  the  with- 
in named  A.  B.,  in  consideration  of dollars  to  me 

paid  by  C.  D.,  of ,  do  hereby  assign  to  said  C.  D. 

*  An  Assignment  is  the  setting  over  or  transferring  the  interest  which  one 
person  has  in  a  thing  to  another.  The  person  making  the  assignment  is  called 
the  assignor,  the  person  to  whom  it  is  made,  the  assignee. 

A  chose  in  action  may  bo  assigned  for  a  valuable  consideration  by  delivery  of 
the  evidence  of  the  debt,  without  any  written  transfer.  2  Greenl.  143,  222.  The 
mere  delivery  ofa  bond,  covenant,  note,  account,  or  other  claim,  for  a  valuable 
consideration,  is  a  valia  assignment,  if  such  delivery  was  intended  by  the  par- 
ties as  a  transfer.  17  Johns.  284, 13  Mass.  304.  But  the  assignment  of  an  in- 
Btrument  roust  be  of  as  high  a  nature  as  the  instrument  itselfV  A  deed  can  be 
assigned  only  by  a  deed.  An  assignment  of  real  state  should  be  acknowl- 
edged and  recorded. 


ASSIQNMBNTS    OF    LEASE   AND    MORTGAGE.  21 

the  within  written  instrument,  and  all  my  interest  in  the 
covenants  and  agreements  therein  contained. 
[^  power  of  attorney  may  be  added,  if  required,  as  J  allows  ;] 

[And  I  do  hereby  constitute  the  said  C.  D.  my  attor- 
ney, irrevocable,  in  my  name,  but  to  his  own  use,  to 
take  all  legal  measures  which  may  be  necessary  or  pro- 
per for  the  complete  recovery  and  enjoyment  of  the  as- 
signed premises,]!  with  power  of  substitution. 

Witness  my  hand  and  seal  this day  of ,  A.  D., 

one  thousand  eight  hundred  and  fifty . 

A.  B.  (L.   8.) 

Ezeeuted  in  presence  of 

2.  Assignment  of  a  Lease,  by  Indorsement. 

Know  all  men  by  these  presents,  That  I,  A.  B., 

within  named,  in  consideration  of dollars,  to  me 

paid  by  C  D.,  of,  &c.,  do  hereby  grant  and  assign  to  C.  D., 
the  lease  within  written,  and  all  my  estate  and  interest  in 
and  to  the  premises  thereby  demised.  To  have  and  to 
hold  the  said  premises  to  the  said  C.  D.,  for  the  residue 
of  the  term  within  mentioned,  under  the  yearly  rent  and 
covenants  within  reserved  and  contained,  on  my  part  and 
behalf  to  be  done,  kept  and  performed. 

Witness  my  hand  and  seal,  this  —  day  of — ,  A.  D.  one 
thousand  eight  hundred  and  fifty-two. 

A.    B.  (L.  8.) 

Executed  in  presence  of 

S.  Assignment,  to  be  indorsed  on  the  back  of  Mortgage. 

In  consideration  of dollars,  to  me  paid  by  C.  D. 

of ,I,the  within  named  A.  B.,  do  hereby  grant  and 

assign  to  said  C.  D.  the  within  mortgage  deed,  the  es- 
tate therein  mentioned,  and  the  promissory  note  and 
debt  thereby  secured  ;  subject,  nevertheless,  to  the  con- 
ditions therein  contained,  and  to  redemption  according 
to  law.  Witness  my  hand  and  seal  the  &.c. 

A.   B.      [L.  8.] 
Jn  presence  of 

[To  bo  acknowledgod  and  recorded.] 

t  Assi(nmenU  ofclaims  and  debtf,  not  negotiable,  give  Ihe  asiignee  noright 
to  bring  soil  in  his  own  name,  but  ho  may  sue  in  the  name  of  the  assignor. 

In  t;eneral  the  assignee  of  a  claim  takes  it  subject  to  all  the  equity,  which  ex- 
ifted  between  the  original  parties. 

_  When  an  assignment  ofadobt  is  made,  the  assignee  should  give  immediate  no- 
tice ofthe  assignment  to  the  debtor,  and  preserve  evidence  of  it. 


S2        ASSIGNMENTS    OF    MORTGAGE,    BOND,    AND   BILL. 

4.  Deed  of  Assignment  of  Mortgage. 

Know  all  men  by  these  presents,  That  I,  A.  B., 
the  mcirtgagee  named  in  a  certain  mortgage  deed  given 
by  E.  F.  to  said  A.  B.  to  secure  the  payment  of —  dollars  ; 
dated — ,  recorded  in  —  Registry  of  Deeds,  Lib.  — Fol. 
— ,  in  consideration  of  the  sum  of —  dollars,  to  me  paid 

by  C.  D.,  of ,  in  the  county  of ,  (the  receipt  of 

which  is  hereby  acknowledged)  do  hereby  grant  and  as- 
sign unto  the  said  C.  D.,  his  heirs  and  assigns,  the  said 
mortgage  deed,  the  estate  therein  mentioned,*  and  the 
promissory  note  and  debt  thereby  secured. 

To  have  and  to  hold  the  same  unto  the  said  C.  D.,  his 
heirs  and  assigns,  to  his  and  their  use  and  benefit  forever, 
subject  nevertheless  to  redemption  according  to  law. 

Witness  my  hand  and  seal,  the day  of ,  1852. 

Ezrcuted  in  prf.scnce  of  A .  B .  ( L .  8 .) 

•  Note. —  If  an  executor  or  adminigtrator  assign  a  mongage,  insert  aftei 

Ibe  word  "  mentioned"  "  which  the  suid  A.  B.  had  at  the  time  of  liis  decease, 

and  which  I  have  as  executor  aforesaid." 

[To  be  Acknowledged  and  Recorded.] 

5.  Assignment  of  a  Bond,  where  Assignor  is  liable. 

For  value  received,  I  do  assign  and  set  over  the  with- 
in obligation  and  all  money  due  thereon,  unto  A,  B., 
hereby  guaranteeing  the  payment  thereof,  in  case  of  de- 
fault being  made  by  the  within  named  C.  D. 

Witness  my  hand  and  seal,  &c.  E.  F.        [l.  s.] 

In  presence  of 

6.  Another,  where  the  Assignor  is  not  liable.  ' 
For  value  received,  1  do  assign  and  set  over  the  within 
obligation,  and  all  money  due  thereon,  unto  A.  B.,  not 
holding  myself  liable  for  the  payment  of  the  same;  the 
losses,  if  any,  and  the  recovery  thereof  to  be  wholly  at 
the  risk  of  the  said  A.  B, 

Witness  my  hand  and  seal,  &c.  E.  F.       [l.  s.J 

In  presence  of 

7.  Assignment  of  Contract,     [See  No.  I.] 

8.  Short  Form  of  an  Assignment  of  a  Bond  or  Bill. 

For  value  received,  I  do  hereby  assign  and  set  over  all 
my  right,  title,  claim,  interest,  property,  and  demand  what- 
soever, in  and  to  the  within  bill,  unto  C.  D. 

Witness  my  hand,  &c.  A.  B.    (l.  s.) 

t*  presence  of 


ASSIGNMENT    OF   WAGES.  23 

9.  Assignment  written  on  the  back  of  an  Insurance  Policy. 
March  13th,  185 — .     For  value  received,  I  hereby  as- 
sign all   my  right  and  interest  in  the  within  Policy,  to 

C.  D.  A.    B.  (L.8.) 

Approved,       A.  W.  Prciidont. 

10.  Assignment  of  Wages  now  Due,  and  to  become  Due. 
Know  all  men  by  these  presents.  That  I,  A.  B., 

of ,  in  consideration  of dollars,  to  me  paid  by 

C  D.  of ,  do  hereby  grant,  sell  and  assign  to  said 

C.  D.  all  claims  and  demands  which  I  now  have,  or  which 

I  may  have  against  E  F.,  of ,  [or,  the  totrn,  or  citi/ 

of ],  on  theirs/  day  oi July  next,  for  all   sums  of 

money  due,  and  to  become  due  to  me  from  said  E.  F., 
[or,  to  become  due  to  me  for  services  in  the  Fire  Depart- 
ment of  the  town,  or,  city  of ]  ;  with  full  power,  in 

my  name,  at  his  own  costs,  to  collect,  receive,  discharge, 
or  assign  the  same.         Witness  my  hand  and  seal  &.c. 

Inpresenee  of  A.  B.      [l.  s.J 

11.  Assignment  of  all  Claims  against  Dibtor. 

Know  all  men  by    thkse    presents.  That    I,   (or 

we,)  [here  insert  the  names  of  the  subscribers,]  of , 

in  the  county  of ,  and  State  of ,  in  considera- 
tion of  having  received  of  C.  D.,  of ,  in  the  county 

of ,  and    State  of ,  Manufacturer,  thirty   per 

cent,  of  all   [my,  or,  our]  claims  against  the  said  C.  D., 

in  said ,  [which    are   not  protected   or  secured  by 

mortgage  on  the  property  of  the  said  C  D.  or  otherwise,] 

a  schedule  of  which  claims   belonging  to is  hereto 

annexed,  marked  [A,]  do  hereby  sell,  transfer,  and  assign 
unto  the  said  C.  D.,  all  right,  title  and  interest  in  and  to 
said  claims  and  demands  against  the  said  C.  D.,  which  are 
enumerated  and  described  in  the  said  schedule. 

In  testimony  whereof,  we  have  hereunto  set  our  &,c. 

Signaturit  and  Seals, 
in  pretence  of  [ 

12.  Assignment  of  Interest  in  Land  for  a  Term  of  Years. 
Know  all  men    by  these   presents.  That   A.  B.,  of 

,  in  tlie  county  of ,  bookseller,  in  consideration 

of dollars   to   him    paid    by  S.  H.,  of ,  mason, 

the  receipt  whereof  is  hereby  acknowledged,  does  hereby 


24  ASSIGNMENT    OF   DEBTOR. 

sell  and  assign  unto   the  said  S.  H,,  one   undivided  third 

part  of  a   certain  dwelling  house  on street,  in  said 

,  with  the   land  under  and  adjoining  the   same,  and 

the  privileges  and  apptirtenances  thereto  belonging.  The 
said  dwelling    house  being   the  same    formerly  owned  by 

E.  M.  C,    late   of  said ,  deceased,   and   by  his  last 

will  and  testament  devised  to  E.  A.  and  others;  the  said 
premises  being  subject  to  certain  leases  to  the  present 
tenants  thereof. 

To  have  and  to  hold,  the  above-granted  premises  to 
the  said   S,  H.,  his    heirs,  executors,  administrators   and 

assigns,  for  and  during  the  term  of years,  from  the 

day  of ,  eighteen  hundred  and ,  if  the  said 

A.  B.  shall  so  long  live. 

And  the  said  A.  B.  does  herehy  grant  to  the  said  S.  H., 
full  power  and  authority  to  receive  the  rents  and  profits 
of  the  above-granted  premises,  and  in  his  name  or  other- 
wise to  give  full  discharge  therefor. 

In  witness  whereof,  the  said  A.  B.  has  hereto  set,  &c. 

Si^nKfl ,  xf.nUd  a-nd delivered  in  prexenee  of  A.  B.      (l.  8.) 

13.  Assignment  of  Debtor  for  the  Benefit  of  Creditors. 

Know  ai.i.  men    by  these    presents, — That  I,  A. 

B.,  of ,  in  consideration  of  one  dollar  to  me  paid  by 

C.  D.,  of  ,  and  of  the  trusts  herein  expressed,  do 

hereby  convey  and  assign  to  said  C.  D.,  all  my  estate, 
real  and  personal,  excepting  such  parts  thereof  as  have 
been,  or  shall  be  left  in  my  hands,  as  being  by  law  ex- 
empted from  attachment :  with  all  my  deeds,  books  and 
papers  relating  thereto, —  a  schedule  of  the  principal  part 
of  which  property  is  hereto  annexed.* 

Tt)  HAVE  and  to  hold,  all  the  above-granted  premi- 
ses to  the  said  C.  D.,his  heirs  and  assigns,  rra  trust,  io 
sell  and  dispose  of  said  property  on  such  terms  as  he  may 
think  best  for  the  interest  of  all  concerned  ;  and  collect 
and  convert  into  money  all  the  debts  and  demands,  or  so 
much  thereof  as  may  prove  collectable;  and,  after  deduct- 
ing from  the  proceeds  of  said  property,  the  expenses  incur- 
red by  said  C.  D  ,  in  transacting  the  business,  and  a  rea- 
sonable compensation  for  his  services,  to  divide  and  pay 
the  residue  of  said  proceeds  among  all   the  creditors  of 

•  In  »">meSioies  the  forms  ofassi.nnmenls  arc  prescribed  by  Stnluie  .  in  others, 
no  prerereiice  of  one  clnssnf  creditors  over  another  is  allowed;  in  others,  a 
d«l«tor  may  le^Ily  prefer  one  ot  more  creditors. 


AWARDS.  25 

A.  B.,  who  shall  become  parties  hereto  within  —  days 
from  the  date  hereof,  in  equal  proportion  to  their  respec- 
tive claims. 

C.  D.  agrees  to  execute  said  trusts,  being  responsible 
only  for  his  actual  receipts,  or  wilful  defaults.  And  the 
creditors  whose  names  are  subscribed,  agree  to  said  as- 
signment, and  that  this  instrument  shall  be  a  release  in 
full  of  all  their  claims,  whenever  their  just  proportion  of 
the  proceeds  of  said  property  shall  be  paid. 

Witness  our  hands  and  seals  this day  of  &c. 

A.  IJ    [l.  s] 

C.    D.    [L.  8] 
Executed  in  pre-ience  of  E.  F.   [l.  S.]  &C. 

[To  be  recorded  when  real  estate  is  included.] 

AWARDS.* 
1.     Award  by  Referees. 
We  the  undersigned  referees,  appointed  by  the  within 
rule  of  Court,  [or,  by  a  bond  or  agreement  of  submission^ 

dated  the day  of ,  having  notified  and  met  the 

parties,  and  heard  their  several  allegations,  proofs,  and  ar- 
guments, and  having  duly  considered  the  same,  do  award 
and-  determine,  that  the  said  A.  B.  shall  recover  of  the 

said  C.  D. dollars,   [together  with  costs  of  Court, 

to  be  taxed  by  the  Court,]  and  the  costs  of  this  reference 

which  amount  to dollars,  and  that  the  same  shall 

be  in  full  of  all  matters  referred  to  us. 

Dated  at this day  of A.  D.  185 — . 

E    F        i 

G*.  H.     i    Rtfereet. 

I.  K.     5 

*  Award,  or  arbitration,  is  an  amicable,  and  generally  expeditious  and  cheap 
method  of  odjiistingconiroversies  and  litigations,  when  the  paities  can  a'gree  to 
•  uhinit  the  Aubjectii  in  dispute  to  one  or  morn  persons  chosen  by  themsttlve*. 
Their  agreerount  to  Kubniit  if  termed  the  submission.  Except  in  mailers  oftrifling 
irapnrlanee.  It  should  he  in  writing  and  mny  be  by  bund,  or  by  a  mlt  of  CovrU 
It  shouM  name  the  arbitrators,  should  doHno  the  subjects  ufcontroveriiy,  limit  the 
time  of  miking  the  awa>-d,an(l  clcnrly  slate  all  the  agreement  of  the  parties.  It 
may  authorize  I  wo  or  more  arbitrators  to  choose  another,  or  to  choose  an  ura- 
piro  in  ca-ie  ordifTerence.  If  the  submission  does  nototherwise  provide,  all  tha 
arbitrators  mu.^t  be  pr(>sent  at  the  hearing,  and  must  agree  to  the  n  ward. 

If  the  Ruhmission  bo  in  writing,  the  award  should  also  be  in  writing 

The  proceedings  nt  the  bearing,  and  the  iiward  itself,8hould  perfectly  agree  witk 
the  terms  of  the  suhmisslon.  The  award  should  be  a  clear,  distinct  and  final 
dotermliintion  of  each  and  all  the  mutters  of  controversy  contained  ia  the  sub- 
misnion,  and  should  <^mbrace  nothing  more. 

ir  iihR  a  rule  ofConrt,  it  should  be  sealed  up  and  returned  to  Court,  otherwii* 
copies  should  be  given  to  each  party.  Arbitration  Bonds  should  be  ia  commov 
form  with  condition  to  submit  as  agreed,  and  to  perform  the  award. 

See  Bond  of  Aibitration,  page  30. 

BMA  3 


26  AWARDS. 

*2.     Award  bi/ Referees. 

[Direction.] 

To  the  Court  of for  the  County  of State   of 

,  [or,  To  the Insurance  Company  and  A.  B., 

of ,  in  the  State  of ]  :  — 

The  within  is  the  Award  of  D.  E.  F.,  G.  H.  I.  tfc  KriT., 
Referees  to  Assess  the  Loss  or  damage  by  fire  on  Mr.  A. 

B.'s  house,  No.  1 street. 

Agreement. 

,  ss.     B ,  Nov.  3, 185-.     We  the  subscribers 

individually  agree  to  open  the  within  Award,  and  to  abide 
by  the  decision  of  it,  the  same  as  if  opened  in  Court. 

C.  D.,  Pres't  of Ins.  Com. 

A.  B.,  Party  Insured. 
Witness, 

AWARD. 

We  the  undersignrd,  [Referees,  appointed  by  the 
within  agreement  of  Submission, ]t  having  notified  and 
met  the  parties,  and  heard  their  several  allegations,  proofs 
and  arguments,  and  duly  considered  the  same,  do  award 
and  determine,  that  the  within  named  A.  B.  shall  recov- 
er of  the  said Fire  [or  Marine']  Insurance  Company, 

the  sum  of dollars,  in  full  of  all  demands,  under  the 

annexed  Policy  of  Insurance,  together  with  the  costs  of 
this  reference,  which  amount  to dollars. 

Dated  at ,  and  signed  as  in  No.  1. 

3.     Award  of  Referees  for   Valuation  of  Land. 

We,  the  undersigned,  appointed   by  the ,  to 

view  and  assess  the  damage  sustained  by  the  petitioners, 

A.  B.  and  C.  D.  by  reason   of do   hereby  report: 

That  we  have  viewed  the  lots  of  land  taken  up  by  the 
road  mentioned  in  said  petition,  and  do  value  and  adjudge 
the  damage  thereby  occasioned,  to  the  said  A.  B.  at  the 
sum  of dollars,  and  to  the  said  C.  D.  at  the  sum  of 

—  dollars,  respectively. 

Dated  this day  of ,  A.  D.  1850. 

Q  II      >   Referees. 

*  See     greement  of  Submission ,  p.  17. 

t  ir  only  two  or  the  referees  agree,  insteail  of  the  wnrHs  inclosed  in  Itracketa 
■ajr.  [n  major  part  of  the  refereoc,  appointed  \>j  the  within  Azreemont  of  Suhmis- 
•ion,  K.  L.  the  other  rnferee,  who  hna  not  «i|(ned  the  award,  having  been  present  at 
the  heaiinc];  aad it  should  be  sigaed  U.  £.F.,G.  H.I.,amajorpartoftlie  referee*. 


BILLS  OF  SALE.  27 

BILLS    OF    SALE. 
Bill  of  Sale  of  Goods,  under  Seal.* 
Know  all  men  bit  these   presents,  That  I,  A.  B., 

of ,  county  of ,  in  consideration  of 

dollars,  to  me  paid  by  C.  D.  of ,  do  grant,  sell, 

and  deliver  to  said  C.  D.,  the  following  goods  and  chat- 


RQLES    OF    LAW. 
•  A  Bill  of  Sale  is  a  contract,  by  which  one  person,  for  a  valuable  consider- 
ation, transfers  this  right  and  interest  which  he  has  in  goods  or  chattels 

belivtry  must  be  accompanied  by  acceptance  on  the  part  of  the  purchaser  ; 
•o,  where  one  ordered  several  articles  in  a  shop,  som«  of  which  he  marked 
wiih  a  pencil,  while  others  were  measured  in  his  presence,  and  in  pursuance 
of  his  directions  were  sent  to  his  house,  but  he  refused  to  receive  them,  it  wa« 
no  sale.  4  M.  &  S  262.  Delivery  to  an  agent,  or  carrier,  if  with  the  purcha- 
ser's consent,  is  sufficient.  Earnest  will  also  bind  the  bargain,  but  it  must 
consist  of  the  giving  away  of  something  valuable  ;  and  not  a  mere  ceremony. 

Delivery  of  bulky  articles,  as  lumber,  &c.,  lying  on  a  wharf;  the  assignment 
of  a  ship,  or  bill  of  lading;  or  the  delivery  oflhe  key  of  the  warehouse;  payment 
of  warehouse  rent  by  the  purchaser;  or  delivery  of  a  sample,  if  part  of  the  bulk 
of  the  article;  or  of  an  order  upon  the  warehouseman;  the  delivery  of  a.  bin 
•f  parcels,  the  receipt,  ticket,  sale-note,  certificate,  or  stamp,  &c.,  have  been 
held  to  be  constructive  deliveries,  and  sufficient  to  pass  the  property.  Th« 
Statute  requires,  if  the  amount  exceed  a  certain  sum,  a  written  note,  or  mem- 
orandum  of  the  bargain,  signed  by  the  purchaser  or  his  agent.  According  to 
Blacksione  as  soon  as  the  bargain  is  struck  the  property  of  the  goods  is  trans- 
ferred to  the  purchaser ;  and  if  they  be  damaged  or  destroyed  the  loss  falls  on 
bim,  though  ihey  still  remain  in  the  hands  of  the  seller.  But  to  produce  this 
effect,  the  goods  must  be  in  a  deliverable  state,  and  no  act,  process,  or  prepa- 
ration be  necessary  to  be  done  or  performed  by  the  seller,  or  his  warehouse* 
man,  or  agent,  to  make  them  so,  as  counting,  measurinp,  weighing,  or  the  lik«. 
But  when  the  goods  are  actually  delivered,  the  sale  is  complete,  though  the 
goods  are  still  to  be  counted,  weighed  or  measured  in  order  to  ascertain  the  sum 
to  be  paid  for  them.  It  is  the  duty  of  ihe  seller  lo  perform  his  share  of  the  con- 
tract, by  delivering  the  property,  and  giving  the  purchaser  all  facility  in  taking 
possession.  It  is  the  duty  of  the  purcnaser,  first  to  take  delivery  of  the  goods 
and  then  to  pay  for  them.  When  no  price  is  named,  the  market  price,  or,  as  it 
would  seem, the  lowest  price  at  which  such  goods  are  sold,  will  be  the  criterion. 

On  a  contract  of  sale  of  goods,  the  general  rule  is,  that  the  delivery  is  to  be  at 
the  place  whoro  the  vendor  has  the  article  ;  but  in  a  contract  to  pay  a  debt  at 
another  time,  in  such  articles,  they  must  bo  delivered  at  the  creditor's  place  of 
residence.    3  Kent^  505.  5  ed. 

Implied  Warranties  lesolve  themselves  into  two  conditions :  1st.  That  the 
article  is  the  vendor's  own,  and  at  his  free  disposal.  2d.  That  it  is  what  he 
■ells  it  for.  Where  an  article  is  sold  for  a  particular  purpose  there  is  an  im- 
plied warranty  that  it  is  applicable  to  that  purpose  ;  and  if  a  horse  is  purchased 
for  riding,  a  draught  horse,  however  valuable,  will  not  be  a  fitting  substitute. 
Where  a  bargain  is  annulled  on  such  a  ground,  however,  it  must  be  distinct- 
y  shown  that  the  special  purpose  was  understood  between  the  parties,  and  that 
the  buyer  was  Ignorant  that  what  he  had  purchased  was  unsuiial>le.  Where  the 
warranty  is  Eqaress,  the  sale  is  vitiated  whether  the  purchaser  is  aware  of  its 
falsehood  or  not.    Direct  misrepresentation  by  the  seller  avoids  the  sale. 

It  is  a  general  rule  that  the  employer  will  be  bound  by  the  warranty  of  his 
clerk  or  stiopraan,  if  acting  wiihin  the  scope  of  his  authority. 

If  the  vendor  ofgoods  make  any  assertion  respecting  the  kind,  quality,  or 
condition  of  the  article  upon  which  he  intends  the  vendee  should  rely  as  a  fact, 
and  upon  which  he  does  rely,  that  is  a  warranty.    (9  N.  H.  Ill) 

Warranty  must  be  upon  the  sale  ;  if  it  be  made  after,  it  is  void  for  want  of 
consideration 

A  voluntary  sale  of  goods,  with  an  agreement  that  the  vendor  is  to  keep  the 
possession,  is  fiaudulent  and  void,  except  in  special  cases  shown  to  the  conit 
and  approved  by  them.  It  is  advisable  where  possession  is  to  be  retained  in 
the  seller,  to  take  back  a  lease  from  the  buyer. 

For  further  information  un  Sales,  seethe"  Trader's  Guide;"  one  of  this  se- 
ries,—which  also  contains  the  Law  of  Notes,  Bills  of  Exchange,  Contracts,  &c 


28  BONDS. 

tels,  viz  :  [here  insert  a  schedule  of  the  articles  and  prices,"] 
to  have  and  to  hold  the  said  goods  unto  the  said  C.  D., 
his  executors,  administrators  and  assigns  forever. 

In  witness  whereof,  I  have  hereunto  set  my  hand,  &c. 

A.  B.    (L.  s.)    . 
Bixeeuted  in  presence  of 


BONDS. 
General  Form  of  Bond. 

Know  all  men  by  these  presents,  That  I,  A.  B. 
of  G.  in  the  county  of  G.,   am  held  and  firmly  bound  to 

C.  D.,  of  J.,  in  the  county  of  J.,  in  the  sum  of dollars, 

[this  amount  should  be  double  the  sum  named  in  the  con- 
dition, to  cover  costs  and  contingencies]  to  be  paid  to 
said  C.  D. ;  to  which  payment  1  bind  myself  and  my 
heirs*  firmly  by  these  presents.  Sealed  with  my  seal, 
dated  the  —  day  of  — ,  A.  D.  185-. 

The  condition  of  this  obligation  is  such,  That  if  I,  the 

said  A.  B.,  shall  pay  to  said  C.  D.  the  sum  of dollars 

and  interest,  on  or  before  the day  of next,  then 

this  obligation  to  be  void.  A.  B.        [l.  s.] 

Signed,  sealed  and  delivered  in  presence  of 

*  A  BOND,  or  obligation,  is  a  deed  whereby  the  obligor  binds  himself,  his 
heirs,  executors,  and  administrators,  to  jiay  a  certain  sum  of  money  to  another, 
at  a  day  appointed,  {Blackstone  Com.  li  340),  or  to  perform  some  act. 

If  in  a  bond  the  obligor  bind  himself  and  liisA'iwto  do  anything  whatsoever, 
his  heirs  are  bound  ;  therefore,  if  it  is  intended  to  bind  the  heirs  the  term  heirs 
must  bo  nnmed  in  the  bond  — Executors  and  adminiitrators  are  bound,  though 
not  named.     Sheppard''s  Touchstone,  177,  369. 

If  a  man  covenant  for  himself  oniy  to  pay  money,  build  a  house,  or  the  like, 
and  do  not  say  in  the  covenant  "  his  executors  and  administratois,"  yet  his 
executors  and  8^,dmiiiistrator8  are  bound,  and  shall  be  charged.     Shep.  T.  178. 

Executors  and  administrators  need  not  be  named  in  any  legal  instrument ; 
they  are  bound  by  every  covenant,   unless  it  is  such  a  covenant  as  is  to  be 

Eerformed  personally  by  the  covenanter,  and  there  has  been  no  breach  before 
is  death.     Cro.  Eliz.  553. 

Bonds,  and  other  instruments,  are  oAen  found,  where  the  repetition  of  the 
words  "  his  executors,  administrators  and  assigns"  constitute  about  one  third 
of  the  instrument.  As  these  words  are  mere  surplusage,  and  serve  only  to  ob- 
scure the  sense  and  lengthen  ihe  instrument,  they  may  always  be  omitted. 

A  Bond  without  a  Condition  Is  called  a  single  one  ;  but  a  Condition  is  gene- 
rally added  which  makes  the  obligation  void  if  the  act  he  performed,  otherwise 
it  remains  in  full  force. —  In  case  this  condition  is  not  pertbrmcd,  the  Bond  be> 
come!)  forfeited, or  absolute  nt  law,  and  charges  the  obligor. —  A  penalty  for  non- 
fulfilment  of  the  condition  is  annexed,  in  double  the  principal  sum. —  If  a  bond 
be  sealed  and  delivered,  though  it  bear  no  date,  it  is  valid. — If  a  bond  be  inter- 
lined, or  words  are  erased,  in  important  parts,  it  will  render  it  void. — Bonds 
and  all  penal  obligation!),  in  whatever  form,  to  do  an  act  forbidden  by  law,  or  to 
forego  any  privileges  secured  to  a  man  by  law,  are  void.  The  same  is  true  ol 
agreements,  or  obligations  to  divide  the  profits  orgain8,tobe  derived  from  ille- 
gal speculations  or  business.  Thus  a  bond  or  note  to  pay  illegal  interest,  a  sum  of 
money  won  at  gaming,  or  to  commit  a  trespass  on  the  property,  or  an  assault  on 
the  person  of  another.  Is  void  ;  as  is  likewise  an  obligation  not  to  plead  usury, 
infancy  or  any  other  le^al  defence  to  a  suit,  or  not  to  prosecute  a  man  for  a  crime, 
or  for  cheating,  or  taking  anillegal  advantage  of  another. 


bondSi.  29 

Bond  of  Two  Obligors. 

Know  all  men  by  these  presents,  That  we,  A.  B. 
and  E.  F.,  of  &c.,  are  held  and  firmly  bound  to  C.  D.,  of 

&c.,  in  the  sum  of dollars,  to  be  paid  to  said  C.  D. ; 

to  the  payment  whereof  we  jointly  and  severally  bind 
ourselves  and  our  respective  heirs  firmly  by  these  presents. 
Sealed  with  our  seals,  dated  the  —  day  of — ,  A.  D.  1852. 

The  condition  of  this  obligation  is,  That  if  the  said 
A.  B.  and  E.  F.,  or  either  of  them,  shall  pay  to  saidC.  D. 
—  dollars  and  interest,  on  or  before  the  —  day  of —  next, 
this  obligation  shall  be  void.  A.  B.    [l.  s.] 

E,   F.      [L.   8.] 

Signed,  sealed,  o»d  delivered  in  presence  of 

Condition  to  pai/  Money  by  Instalments. 
The  condition  of  this  obligation  is.  That  if  I,  the  said 
A.  B.,  shall  pay  to  said  C.  D.  one  thousand  dollars  and 
interest,  in  manner  following,  to  wit :  three  hundred  dol- 
lars and  interest  thereon  on  the  first  day  of  June  next; 
three  hundred  dollars  and  interest  thereon  on  the  first 
day  of  December  next;  and  four  hundred  dollars  and  in- 
terest thereon  on  the  first  day  of  June,  1854 ;  then  this 
obligation  to  be  void.  A.  B.    [t.  s.] 

Signed,  sealed  and  delivered  in  frtsenee  of 

Condition  to  Indemnify. 
The  condition  of  this  obligation  is.  That  if  I,  the  said 

A.  6.,  shall  indemnify  said  C.  D.  against  all  loss,  cost, 

A  bond  roust  he  under  seal,  and  thug  oongtitutes  a  higher  obligation  than  a  «im- 
ple  contract.  An  obligation  by  bond  extinguisbca  a  (imiple  contract  debt,  but  the 
bond  of  a  surety  will  not  extinguish  the  debt  of  the  principal  (6  T.  R.  17(>).  A 
bond  being  a  chose  in  action  cannot  be  assigned  so  as  to  enable  the  assignee  to  pur- 
sue on  it  ID  bis  own  name;  but  by  modern  practice  the  assignee  sues  in  the  name 
of  the  obligee,  a  power  to  that  encct  being  inserted  in  the  assignment.  A  bond 
requires  no  particular  form,  provided  it  distinctly  set  Ibrth  an  obligation  to  pay 
money,  or  duty  to  be  performed,  and  be  sealed  and  delivered.  Une  of  the  chief 
advantages  of  a  bond  is,  that  it  binds  not  only  the  obligor  but  his  heirs  in  spe- 
cialty, so  that  the  holder's  claim  has  precedence  of  those  who  are  creditors  by 
simple  contract,  over  the  assets,  real  and  personal,  of  the  deceased. 

In  a  suit  on  a  bond,  judgment  maybe  rendered  for  the  amount  of  the  penalty 
expressed,  but  execution  will  be  issued  only  for  the  amount  due  in  equity  and 
good  conscience,  the  amount  to  be  determined  by  the  court,  or  on  motion  oi  eith> 
er  party,  by  a  jury. 

The  penalty  named  in  the  Bond  may  be  any  sum  that  the  parties  agree  upon. 
It  is  usually  double  the  amount  mentioned  in  the  obligation.  It  should  always  be 
Bufiicient  to  cover  the  loss  and  damage  that  may  arise  from  the  non-performance 
of  the  condition.  In  the  following  case  the  penalty  though  double  the  amount,  did 
not  prove  sufficient — "  A.  B.  was  bound  in  a  bond,  to  convey  to  C.  O.  on  his  pay- 
ing a  certain  amount  of  money,  a  deed  of  a  lot  of  land.  C.  D.,  proceeded  to  erect 
a  building  on  the  premises  exceeding  the  amount  of  the  penalty ,  whereupon  A. 

B.  refused  to  convey,  and  paid  the  full  amount  of  the  penalty  in  the  bond." 

BMA  8^ 


30 


BONDS. 


damage,  and  expense  to  which  he  may  be  subjected  by 
reason  of  his  signing  a  bond,  (or  endorsing  a  notedtc.,  or 
paying  the  sum  of  — dollars  for — ,)  at  my  request; 
then  this  obligation  to  be  void. 

Signed,  sealed,  and  delivered  in  presence  of  A.    B.      [l.   8  J 

Condition  of  a  Bond  of  Arbitration  * 
The  condition  of  this  obligation  is  such,  That  if  said 
A.  B.  shall  perform  and  keep  the  award  of  E.  F.,  G.  H., 
and  I.  J.,  all  of — ,  or  any  two  of  them,  arbitrators,  mutu- 
ally chosen  to  adjudge  and  determine  concerning  [here 
state  the  matter  in  dispute],  and  all  demands  whatsoever, 
depending  by  or  between  the  said  parties,  so  as  said 
award  be  made  in  writing,  and  ready  to  be  delivered  to 

the  said  parties,  on  or  before  the day  of ,  then 

this  obligation  shall  be  void. 

Signed,  sealed  and  delivered  in  presence  of  A.  B.  (l.   S.) 

A  similar  bond  should  be  executed  by  C.  D.  to  A.  B 

Condition  of  a  Bond  of  Indemnity  on  paying  Lost  Note. 
The  condition  of  this  obligation  is.  That,  whereas 
the  said  C.  D.,  on  the  14th  day  of  March  last,  by  his  note 
in  writing  by  him  signed,  of  that  date,  for  value  received, 
promised  the  said  A.  B.  to  pay  him  or   order,  the  sum 

of dollars  in months  from  date ;  which  said  note 

is  alleged  to  be  lost  out  of  his  possession,  and  cannot  be 
found ;  and  whereas  the  said  C.  D.  hath  this  day  paid  the 
said  sum  according  to  the  tenor  thereof:  Now,  therefore, 
if  the  above  bound  A.  B.  shall  save  the  said  C.  D.  his  ex- 
ecutors, administrators  and  assigns  forever  harmless,  for 
having  so  paid  said  sum  of  money,  and  from  all  liability 
under  and  by  virtue  of  said  note,  and  from  all  loss,  cost, 
damage,  and  expense,  that  shall  or  may  arise  therefrom  ; 
then  this  obligation  shall  be  void.  A.  B.    [l,  s.] 

Signed,  scaled  and  delivered  in  presence  of 

Condition  of  a  Bond  to  Convey  Land. 
The  condition  of  this  obligation  is  such,  That  if  said 
A.  B  ,  upon  the  payment  of —  dollars  and  interest,  by  said 
C.  D  .,  within  one  year  from  this  date,  shall  convey  to  said 
C.  D.  and  his  heirs  forever,  a  certain  parcel  of  land,  with 
the  buildings  thereon,  situate  in  L  ,  bounded  and  described 
as  follows :   [here  insert  boundaries  and  description]  ;  by  a 

*  See  Award  of  Arbitrators,  page  25. 


BONDS.  31 

warranty  deed  in  common  form,  duly  executed  and  ac- 
knowledged ; — the  premises  being  then  in  as  good  condi- 
tion as  they  now  are,  necessary  decay  and  deterioration 
excepted  ;  then  this  obligation  shall  be  void. 

A.  B.     [L.  s.] 
Signed,  sealed,  arid  delivered  in  presence  of 

Bond  with  two  Sureties. 

Know  all  men  by  these  presents,  That  we,  A.  B. 
as  principal,  and  C.  D.,  and  E.  F.,  as  sureties,  all  of  B — . 
in  the  county  of  S — .,  are  holden  and  stand  firmly  bound 

unto  H.  G.,  of  said  B — ,  in  the  sum  of dollars,  to 

be  paid  to  the  said  H.  G. ;  to  the  payment  whereof  we 
jointly  and  severally  bind  ourselves  and  our  respective 
heirs,  firmly  by  these  presents. 

Sealed  with  our  seals.     Dated  the day  of , 

A.  D.  one  thousand  eight  hundred  and . 

The  condition  of  this  obligation  is  such,  That  ^c. 

A.  B.     [L.  8.] 

C,   D.        [L.   B.] 

Signed,  staled  and  delivered  inpresenet  «J  £.  F.       [L..  8.] 


Bond  of  Treasurer  [or  Trustee]  of  a  Lodge  of  I.  O.  of 
O.  F.,  or  of  any  similar  Association. 

Know  all  men  by  these  presents,  That  we,  A.  R., 

as  principal,  and  C.  D.  and  E.  F.  as  sureties,  all  of 

in  the  county  of and   state  of ,  are  held  and 

firmly  bound  unto  G.  L., and  J.  B., both  of 

aforesaid,  in  the  sum  of dollars,  to  be  paid  unto  the 

said  L.  and  B.  or  their  successors  in  office,  or  their  certain 
attorneys,  executors,  administrators,  or  assigns.  To  which 
payment  well  and  truly  to  be  made,  we  jointly  and  severally 
bind  ourselves,  and  our  respective  heirs,  firmly  by  these 

presents.     Sealed  with  our  seals  and  dated  the day 

of ,  eighteen  hundred  and . 

The  cotidition  of  this  obligation  is,  That  whereas  the 
above  named  A.  B.,  has  been  chosen  by  an  Association, 

known  as, Treasurer,  [or,  one  of  the  Trustees]  of  said 

Association,  by  reason  whereof,  and  as  such  Treasurer 
[or,  Trustee,]  he  will  receive  into  his  hands  and  possession 
divers  sums  of  money,  goods  and  chattels  and  other 
things,  the  property  of  said  Association ;  and  is  bound 
to  keep  true  and  accurate  accounts  of  said  property,  and 
of  his  receipts  and  disbursements  for  and  on  account  of 
said  Association : 


32  COPARTNERSHIP. 

Now,  therefore,  if  the  said  A.  B.  shall  well  and  truly  per- 
form all  and  singular  the  duties  of  Treasurer  [or,  Trustee] 
of  said  Association,  for  and  during  his  official  term,  and 
until  he  shall  deliver  all  the  property  which  he  may  receive 
as  such  Treasurer  [or,  Trustee,]  to  his  successor  in  said 
office,  or  to  such  other  person  as  the  said  Association  or  its 
authorized  officers  may  direct,  according  to  the  provisions 
of  the  Constitution,  By-Laws,  Rules  and  Regulations  of 
said  Association  now  existing,  or  which  may  be  by  said 
Association  adopted ;  then  this  obligation  shall  be  void. 

A.    B.      (L.    8.) 

C.  D.     (L.  s.) 

Signed,  sealed  and delioered in  pruenee  of  E.  F.     (l..  s.) 

COPARTNERSHIP. 
Rules  of  Law  Relating  to   Copartnership. 

Any  two  or  more  persons  may  enter  into  a  contract  to  become  partners 
in  any  business,  where  each  contributes  something  of  value  to  the  busi- 
ness, whether  of  money,  labor,  skill  of  credit ;  and  is  entitled  to  part  of 
the  profits  emd  subjected  to  a  portion  of  the  loss. 

Partnerships  may  be  general  or  special.  General  partnerships  extend 
to  the  whole  of  the  mutual  dealings  of  the  parties.  Special  partnerships 
are  formed  for  a  particular  concern,  or  for  a  single  dealing  or  adventure. 

As  to  the  control  of  partners  over  the  partnership  property,  it  depends  on 
the  articles  of  copartnership.  The  various  provisions  relatmg  to  the  meui- 
ner  in  which  tlie  partnership  business  is  to  be  conducted,  the  space  of  time 
it  is  to  endure,  the  capital  each  is  to  bring  into  the  treide,  the  proportions 
in  which  the  profits  and  loss  arc  to  be  divided,  the  mode  agreed  on  for  set- 
tling the  accounts,  together  with  the  various  covenants  jidapted  to  each 
fiarticular  case,  are  entirely  the  subject  of  personal  and  private  agreement 
f  there  has  been  no  express  stipulation,  the  majority  must  decide  as  to 
the  disposition  and  management  of  the  partnership  concerns. 

Each  member  of  the  firm  becomes  responsible  for  the  acts  and  con- 
tracts of  his  copartners,  in  the  way  of  sale,  purchase,  promise,  pledge, 
loan,  guarantee,  or  agreement,  where  performed  in  the  course  of  the  part- 
nership concern.  For  the  same  reason,  if  a  partner  draws,  accepts,  or  en- 
dorses a  bill  or  note,  he  thereby  renders  his  firm  liable.  So,  one  partner 
may  release  actions,  debts,  &c.  But  this  liability  may  be  avoiaed,  as 
where  there  is  collusion  between  the  party  with  whom  the  sale,  purchase, 
&c.  and  the  contracting  partner  takes  place;  or  where  one  of  the  firm  dis- 
claims all  liability,  and  gives  notice  to  the  party  with  whom  the  partner  is 
about  to  contract ;  or,  where  the  party  taking  the  partnership  security  is 
aware  that  it  is  not  given  in  behalf  of  the  partnership  transactions. 

A  man  becomes  a  partner  by  allowing  the  world  in  general  to  presume 
that  he  is  one  ;  as,  by  navinghis  name  on  the  sign  of  a  shop,  or  in  the  bills 
of  parcels,  invoices,  &c.  Persons  agreeing  for  a  shaire,  or  specific  interest, 
in  the  profits  as  a  remuneration  of  labor,  generally  involve  themselves  in 
the  liability  of  a  partner.  But  not  if  they  receive  a  given  sum  for  their  labor, 
which  is  in  proportion  to  a  given  (quantum  of  the  profits.  A  dormant  part- 
ner is  liable,  when  discovered,  as  if  his  name  had  appeared  in  the  firm. 

In  Massachusetts,  New  York,  and  many  of  the  States,  acts  have  been 
passed  providing  for  limited  partnerships,  by  virtue  of  which  a  person,  or 
persons,  may  become  interested  in  a  business,  by  furnishing  funds  to  carry 


COPARTNERSHIP.  33 

it  on,  and  are  not  liable  for  the  debts  of  the  firm  bevond  the  amount  of  the 
fund  so  contributed.  In  the  limited  partnership  tne  general  partners  are 
only  allowed  to  conduct  the  business,  and  use  their  own  names.  Special 
partners  have  no  riffhlto  interfere ;  but  they  may  advise  as  to  its  manage- 
ment, &c.  The  notice  of  the  partnership  must  be  published  in  some  news- 
paper, and  be  recorded. 

A  dissolution  of  partnership  may  take  place  under  express  stipulation 
in  the  articles,  by  mutual  consent,  by  the  death  or  insanity  of  one  of  the 
firm,  by  award  of  arbitrators,  or  by  a  court  of  equity  in  cases  of  miscon- 
duct of  some  member  of  the  firm. 

Articles  of  Copartnership  between  Two  Tradesmen. 

Articles  of  Agreement  made  the day  of ,  A.  D. 

one  thousand  eight  hundred  and  fifty ,  between  J.  D.  of         , 

of  the  one  part,  and  R.  R.,  of ,  of  the  other  part. 

The  said  J.  D.  and  R.  R.  have  agreed,  and  by  these  presents  do 

agree,  to  become  copartners  together  in  the  art  or  trade  of ,  and 

do  hereby  promise  to  be  governed  by  the  following  articles,  namely  : 

First,  The  said  business  shall  be  carried  on  under  the  name  of 
D.  and  R. 

Second.     Each  of  said  partners  shall  furnish  in  cash  a  capital  of 

dollars,  of  which  the  sum  of dollars  shall  be  advanced  by 

each  partner  immediately,  and  the  remainder  by  three  equal  month- 
ly instalments  of dollars. 

Third.  Each  of  said  paities  shall  give  his  personal  attention  and 
devote  his  time,  during  reasonable  hours  of  business,  wholly  to  the 
interests  of  the  firm,  and  shall  use  his  best  skill,  judgment  and  dis- 
cretion in  promoting  the  profits  of  the  business;  and  during  the 
continuance  of  this  agreement  neither  of  said  partners  shall  engage 
in  any  specuhitions  on  his  own  separate  account,  to,  or  be  in  any  way 
interested  in  any  other  business  than  that  of  the  copartnership 
hereby  established. 

Fourth  The  accounts  of  the  said  parties  shall  be  kept  in  regu- 
lar books,  by  double  entry,  [or  single  entry,]  so  long  as  either  party 
shall  desire  it,  and  every  transaction  shall  be  duly  entered,  and  the 
said  books  shall  at  all  times  be  open  to  the  inspection  and  free  usb 
of  either  party. 

Fifth.  Neither  of  said  parties  shall  assume  any  pecuniary  lia- 
bility, either  in  his  own  name  or  that  of  the  firm,  for  the  accommo- 
dation of  •  any  other  person  without  the  written  consent  of  the 
other  party. 

Sixth.  All  purchases  of  goods  exceeding  the  value  of dol- 
lars, shall  be  the  subject  of  consultation  and  mutual  agreement  by 
the  partners. 

Seventh.  Neither  party  shall  withdraw  from  the  business  of  the 
concern  more  than  his  share  of  the  profits,  which  may  have  accrued, 
nor  more  than dollars  monthly. 

Eighth.  An  account  of  the  joint  stock  and  the  joint  liabilities 
shall  be  taken  at  the  expiration  of  each  year  from  the  date  of  this 
instrument,  and  at  any  other  time  when  either  of  the  parties  shall 
in  writing  request  it. 

JVinth.  This  copartnership  shall  continue  for  the  term  of  five 
years  from  this  date,  subject,  however,  lo  be  terminated  by  the 
death  of  either  partner,  or  the  mutual  agreement  of  the  parties,  or 
a  violation  of  either  of  the  foregoing  agreements. 


34  DISSOLUTION   OP  COPARTNERSHIP. 

Tenth.  The  division  of  the  profits  or  losses  in  the  business  shall 
l>e  equal. 

Eleventh.  For  the  purpose  of  securing  the  performance  of  the 
aforesaid  agreements,  it  is  agreed  that  either  party,  in  case  of  any 
violation  of  them,  or  either  of  them,  by  the  other,  shall  have  the  right 
to  dissolve  the  copartnership  forthwith  ;  and,  if  the  fact  of  such  vi- 
olation having  taken  place,  be  disputed  by  the  party  accused,  it 
shall  be  left  to  the  decision  of  three  disinterested  persons,  of  whom 
each  party  is  to  choose  one  person,  and  these  two  a  third  one,  and 
the  decision  of  the  majority  of  these  three  shall  be  conclusive. 

In  witness  whereof,  we  have  hereunto  interchangeably  set  our 
hands  and  seals  the  day  and  year  first  above  written. 

J.  D.        [L.  s.] 

Executed  in  presence  of  R  .  R.      [l.  s.] 

Substitute  }oi  the  Second  and  Tenth  Articles. —  Second.  The  said  J.  D. 
ihall  invest  in  tlio  liu-iiness  aforesaid,  a  capital  of  five  thoupuiid  dollars, 
to  be  advanced  imnibdlately,  and  the  said  R.  R  a  capital  of  tliree  thousand 
dollars,  in  three  eqiinl  monthly  instalments,  the  first  of  which  shall  be  adviinced 
within  ten  days  from  the  date  of  this  instrument. 

Tenth..  —  Any  losses  which  at  the  dissolution  of  the  partnership  may  be  found  to 
have  accrued,  shall  be  shared  in  proportion  lo  the  capital  invested  hy  ihe  said  par- 
ties respectively.  And  whereas  the  said  R.  R.  has  been  for  many  years  engaged  in 
the  business  aforesaid,  and  the  said  J.I),  has  had  no  experience,  tlie  followini;  rule 
■ball  be  adopted  for  the  division  of  the  profits  which  may  be  made,  to  wit: — 

To  the  capital  stock  of  the  said  R.  R.  shall  be  added  the  sum  of  ten  thoa- 
■and  <lollars,  and  to  the  capital  stock  of  the  said  J.  0.  shall  be  added  the  sum 
of  six  thousand  dollars,  the  said  sums  thus  added  being  the  respective  amount, 
which  at  a  profit  of  fifteen  per  cent,  per  annum,  would  produce  the  estimated 
value  of  their  personal  services,  and  the  profits  which  may  accrue  in  the  husinosa 
■hall  be  shared  in  tho  proportion  of  the  aggregates  of  the  sums  produced  by  the 
■foresaid  additions  catpectively. 

JlgreemcTit  to  continue  the  Copartnership:  —  to  be  endorsed  on 
the  back  oj  the  Articles. 

It  is  agreed,  That  the  partnership  which  has  expired  tliis  day  [or, 
mention  the  day  when  it  will  expire,]  by  limitation,  contained  in  the 
within   written  articles,  shall  be  continued  on  the  same  terms,  for  the 

further  terra  of years  from  this  date,  [or  from  the  —  day  of —  next] 

with  all  the  provisions  and  restrictions  herein  contained. 

In  witness  whereof,  we  have  hereto  set  our  hands,  &c. 

J.  D.  (L.s.) 

R.  R.  (L.  8.) 

iLxeeuted  in  presence  of 

*  Dissolution  of  Copartnership. 

Whereas  by  articles  of  agreement  made  the day  of ,  A.  D. 

one  thousand  eight  hundred  and ,  between  A.  B.  and  C.  D.  both  of 

the  city  of ,  the  said  A.  B.  and  C.  D.  did  enter  into  partnership,  for  the 

purpose  of  carrying  on  the  trade  of ,  for   the  term  of years,  and 

whereas  the  said  C.  D.  has  proposed  lo  A.  B.  a  dissolution  of  the  partner- 
ship, to  which  proposition  A.  B.  has  assented  ;  the  patties  therefore 
mutually  agree,  that  the  partnership  heretofore  existing  between  them  be 
this  day  dissolved,  and  it  is  accordingly  dissolved.    And  it  is  further 

*A  dissolution  of  copartnership,  should  be  published  immediately  after  it  takes 
place,  and  a  special  notice  sent  to  thoie  who  have  dealings  with  the  companf. 


COMPOSITION  WITH  CEEDITORS.  35 

stipulated  and  agreed  mutually  between  them,  that  the  said  A.  B.  shall 

take  the  entire  slock  of ,now  on  hand   belonginff  to  the  partnership, 

at  a  valuation  to  be  set  upon  the  same,  by  two  skilful  persons  mutually 
appointed  to  value  the  same,  and  that  the  said  A.  B.  also  have  power 
to  collect  the  debts  now  due  to  the  partnership,  and  recover  the  same,  or 
any  part  of  the  same,  m  the  name  of  the  firm,  by  suits  at  law  or  in  e<)ui- 
ly";  and  that  finally  the  said  A.  B.  do  pay  over  to  the  said  C.  D.  the  full 
share  and  proportion  nf  stock  and  profits  which  shall  appear  to  be  due 

to  the  said  C.  D.  in months  from  the  date  hereof,  &c. 

Witness  our  hands  and  seals,  &.c. 

A.  B.        (l.  8./ 
C.  D.        (L.  «.) 
Ezeevted  in  pruenee  of 

JVotice  of  Dissolution  of  Partnership. 
Notice  is  hereby  given,  that  the  partnership  lately  subsisting  between  A, 

B.  and  C.  D.  of ,  under  the  firm  of  B.  &.  D.  expired  on  the day 

of         ,  [or,  was  dissolved  on  the  —  day  of — ,  by  mutual  consent.] 
A.  B.  IS  authorized  to  settle  all  debts  due  to  and  by  the  compaiiy. 

A.  B. 
C.  D. 

COMPOSITION    WITH    CREDITORS. 

We  the  undersigned,  creditors  of  A.  B.  of ,  in  consideration  of 

One  Dollar,  and  other  good  and  sufficient  considerations,  to  us  several- 
ly paid  by  said  B.,  (the  receipt  whereof  is  hereby  acknowledged.)  do 
severally  promise  and  agree  with  said  B.,  that  we  will  receive  in  full 
satisfaction  and  discharge  of  our  respective  claims  against  him,  the  amount 
of per  cent,  thereof,  in  promissory  notes  for  our  respective  per  cent- 
ages,  payable  on  demand  in  three  equal  instalments,  in  three,  six,  and 
nine  montlis  from  this  date:  —  said  notes  to  be  dated  this  day,  (and 
tecured  by  a  good  endorser.) 

Provided,  that  such  notes  endorsed  as  aforesaid,  shall  be  tendered  or 
delivered  to  us  respectively  within days  from  this  date. 

In  testimony  whereof,  we  have  hereunto  set  our  hands  and  seals,  this 
^•^  day  of ,  A.  D.  eighteen  himdred  and  fifty . 


I  HAMKS    OF    CRF.DiTORS. 


Composition  toith  Creditors,  (another.) 

This  Agrfkment  of  two  parts,  made  and  concluded  this day  of 

— —  in  the  year  eighteen  hundred  and  fifty,  by  and  between  John  i)oe 

and  Richard  Roe.  of ,  merchants,  and  copartners  under  the  name  and 

style  of  Doe  &.  Roe,  and  John  Stock,  of ,  in  the  county  of . 

merchant,  of  the  first  part,  and  H.G.,and  the  other  persons,  copartners  and 
cornorrftions,  whose  names  are  in  the  schedule  hereto  annexed,  (being 
creditors  of  the  said  firm  of  D  &.  R.)  ofthe  second  part, —  Witnkssf.th, 

That,  Whereas,  the  said  firm  of  Doe  &.  Roe  are  indebted  to  the  parties 
ofthe  second  part  in  divers  sums  of  money,  which  they  are  unable  punc- 
tually to  pay  and  discharge,  and  have  transferred  and  conveyed  their  pro- 
perty to  the  said  John  Stock  in  trust,  for  the  benefit  ofthe  creditors  of 
the  said  fimi,^ 

Now,  therefore,  in  consideration  of  the  premises,  and  of  the  discharge 
from  all  their  debts  hereinafter  set  forth  and  granted  to  the  said  firm  of 
D.&U.  bv  their  said  creditors,  the  said  D.Sc  R.  do  hereby  covenant  and 


36    CAUTIONS  IN  SELLING  AND  BUYING  ESTATES. 

agree,  lO  and  with  their  several  and  respective  creditors,  that  they  will  give 
to  each  and  every  of  them  their  promissory  notes,  bearing  date  the  tenth 
day  of  October,  A.  D.,  1850,  payable  to  the  order  of  themselves  and  by 
themselves  respectively  endorsed,  and  subsequently  endorsed  by  the  said 
Jolin  Stock,  payable  in  equal  sums  in  six,  nine,  and  twelve  months, 
with  interest,  for  fifty  per  centum  of  the  amount  which  shall  be  found  to 
be  due  on  all  their  bills  and  notes  payable  to  each  and  every  of  said 
creditors.  All  notes  and  accounts  to  be  made  equal  to  cash  on  the  tenth 
day  of  October  as  aforesaid. 

And  the  said  John  Stock  hereby  covenants  and  agrees  to  and  with  the 
several  and  respective  creditors  of  said  D.  &.  R  ,  that  he  will  endorse 
the  several  and  respective  promissory  notes  of  said  D.  &  R.  for  fifty 
per  centum  of  the  amounts  found  to  be  due  and  payable  as  aforesaid. 

And  the  said  H.  G.  and  others,  creditors  of  the  said  firm  of  D.  &  R.,  for 
themselves  &.  their  representatives,  hereby  agree  to  accept  the  promissory 
notes  of  said  firm,  signed  and  endorsed  as'  is  hereinbefore  set  forth,  in  full 
satisfaction  and  discharge  of  the  several  amounts  now  due  and  payable 
from  the  said  firm  to  them,  and  hereafter  to  become  due,  the  same  being 
now  contracted.* 

And  it  is  further  mutually  agreed  by  all  the  parties  hereto,  that  nothing 
herein  contained  shall  be  considered  of  any  force,  or  binding  in  any  way, 
on  any  of  the  parties  who  shall  sign  this  instrument,  unless  all  the  per- 
sons, copartners,  and  corporations,  creditors  of  said  D.  &  R.  shall  be- 
come parties  hereto,  within days  from  the  date  hereof. 

In  witness  whereof,  the  said  several  parties  have  hereto  set  their  hands 
and  seals,  the  day  and  year  first  above  written. 

Jn  presence  of  witnesses  to  the  signatures  of 

J.  S.  (I.   s.) 

J.-D.  (L.  s.) 

R.  R.  (l.  8.) 

H.  G.,  and  others,   \l..  s.) 

•  It  is  however  mutually  agreed  and  understood  by  all  the  parties  here- 
to, that  instead  of  the  promissory  notes  of  said  firm  of  D.  &  R.,  endorsed  as 
aforesaid,  the  said  several  creditors,  may,  if  thejr  elect,  require,  and  the 
said  firm  »ha\\  give,  on  being  notified  of  such  election,  the  pr(imissnr>'  notes 
of  said  firm,  bearing  date  as  aforesaid,  payable  in  nine,  twelve,  and  fiiieen 
months  with  interest,  for  sixty  per  centum  of  the  amount  found  to  le  due  to 
each  of  said  creditors  on  the  tenth  of  October,  A.  D.  1850.  All  debts  of  said 
Doe  4.  Roe,  whether  due  and  payable,  or  otherwise,  to  be  made  as  cash  on 
that  day.  Said  notes,  when  received  by  any  creditor  to  be  in  full  satislaction 
and  discharge  of  the  present  obligations.  [To  be  inserted  in  the  text  if 

deemed  expedient.] 


CAUTIONS   IN  SELLING  AND   BUYING  ESTATES. 

[The  reader  will  see  on  pages  5,  6  and  7,  "  Directions  for  Executing  Deeds  in 

aUthe  States,"  which  with  the  following  Cautions  will  prove  of  some  assist- 

^i         ance  in  writing  Deeds.    In  using  a  Printed  Form,  it  should  be  carefully  ex- 

•         amined  and  the  legal  eSect  of  every  word  and  covenant  well  understood. 

The  first  part  of  a  Deed  is  called  the  Premises,  or  Description,  and  con- 
tains the  names  of  the  seller  and  buyer,  (called  in  law  fprantor  and  gran- 
tee,) their  places  of  residence,  the  consideration,  description,  boundaries, 
prvileges.  appurtenances,  exceptions,  mortgages,  rights  of  way,  &.c. 

Thf  second  division  is  callea  the  Habendum,  in  which  appear  all  the 
conditions,  except  the  mortgages. 

The  third  division  contains  the  Covenants.  If  a  mortgage,  lease,  or 
any  other  incumbrance  has  been  set  forth  in  the  Premises,  the  Covenant 
should  except  the  "  aforesaid  mortgage,"  and  also  every  other  incumbrance* 


CAUTIONS  IN  BUYING  AND  SELLING  ESTATES.    87 

The  conclusion  of  the  Deed  consists  of  the  Vote  and  Attestation;  and 
here  is  the  proper  place  to  note  (before  signing)  all  erasures  and  interline- 
ations, which  have  occurred  in  the  Deed.  = 

The  words  "  and  all  buildings  thereon,''  in  a  deed  have  no  legal  ope- 
ration.   4  Mass.  110. 

Executors  or  Administrators  need  not  be  mentioned  in  any  legal  in- 
strument. They  may  avail  themselves  of  any  contract  made  with  tlie 
deceased,  whether  they  are  named  or  not.     Sh-^.  Touchstone,  l'78. 

Heirs  are  bound  if  they  are  named,  and  not  otherwise.  Assignees  usU'- 
ally  need  not  be  named.     See  Deeds  on  page  44.  ' 

V tlidity  of  the  T'jT/c— The  most  direct  wiiy  for  the  purchaser  to  ascer^ 
tain  the  validity  of  the  title  of  an  estate  is,  to  engage  the  Register  of  Deeds^ 
or  other  competent  person,  to  examine  the  Records.  He  should  also  asr 
certain  by  personal  examination, if  there  exists  any  incumbrance,  by  aMacft- 
ment,  tyrant,  prescription,  or  necessity,  (  not  on  record,)  such  as  a  right  oj 
xoay,  drain  ancient  lights,  fence,  privy,  pump,  door,  overhanging  eaveSf 
trees,  w  tier-cow se,  nuisance,  ^c,  or  if  the  taxes  and  assessments  hav^ 
been  paid,  or  the  estate  been  sold  for  the  taxes;  or  he  may  discover,  when 
too  late,  that  he  is  deprived  of  light,  water,  air,  or  other  valuable  privilege  ^ 
and  the  warmnty  may  prove  utterly  worthless,  by  the  insolvency  or  re- 
moval of  the  grantor.  So'.he8ellcr,whogivesa  warranty,  should  be  no  less 
diligf-nt  in  his  inquiries,  or  he  may  be  compelled  to  pay  damages,  which 
a  little  care  and  foresight  would  have  prevented.  Also,  be  sure  that  the 
wife  releases  her  right  to  dower  in  the  estate. 

Where  land  is  lescribed  by  "  metes  and  bounds,"  and  as  containing  a^ 
certiin  number  of  acres,  or  feet,  the  description  does  not  amount  to  a  warr 
ranty  thit  there  is  that  quantity,  i  if  the  words  "  more  or  less  be  added. "| 
If  described  as  bounded  by  a  river  or  creek,  the  line  runs  through  th^ 
middle  of  the  same.  [Many  water  rights  have  been  lost  by  disregard- 
ing this.] 

If  an  estate  is  described  by  reference  to  a  former  Deed,  or  Plan,  the 
instruments  so  referred  to  should  be  on  record,  and  the  booli  and  page  of 
the  record  be  stated. 

Mortirage  of  Estate. —  If  the  purchaser  intends  to  assume  the  payment 
of  the  mortgage,  add,  after  the  description,  the  following :  —  "  And  said 
premises  are  hereby  conveyed  subject  to  a  mortgage  given  by  me  to  E  F., 

to  secure  the  payment  of dollars, dated  July  I,  1850,  recorded  Book 

600,  fol.  200; — which  principal  sum,  [or  so  much  thereof  as  remains  un- 
paid,] together  with  the  interest  thereon  accrued, said  grantee  is  to  assume 
and  pay  as  part  of  the  consideration  of  this  deed,  and  forever  save  me 
and  my  heirs  harmless  from  nil  loss,  cost,  trouble,  and  damage  arising 
therefrom."  [The  usual  condition  "  that  the  purchaser  shall  assume  and' 
pay  outstanding  mortgages"  is  not  correct,  j 

If  a  Right  I'f  Way  is  granted,  say,  at  the  close  of  the  description, — ■' 
"together  with  the  right  of  passing  and  repassing  on,  over,  through, 
{stale  the  I'lcati'm)  and  using  the  same  as  a  public  for  private]  way  for- 
ever." If  aright  of  way  is  reserved  to  the  grantor,  add,  "excepting  and 
reserving  to  the  said  B.  his  heirs,  and  assigns,  the  right  of  passing,  &c." 

If  the  purchnser  covenants  to  build  his  house  after  a  certnin  style,  and 
place  it  a  certain  number  of  feet  back  from  the  street  or  highway,  or  agreci 
to  any  other  restrictions,  he  should  bind  the  seller  in  similar  restrictions, 
in  regard  to  the  sale  of  contiguous  lots. 

Where  the  estate  is  drained  by  a  marsh,  the  purchaser  should  require  of 
the  seller  that  the  drain  be  kept  open  and  free  forever ;  or  the  marsh  may 
be  filled  up  and  the  drain  declare<J  a  nuisance. 

If  the  estate  is  held  by  a  wife  in  her  own  right  (by  conveyance,  devise, 
or  bequest,)  and  the  husband  sell  the  same,  and  she  relinquish  her  right 
of  dower,  it  does  not  pass  the  estate.    The  sale  is  void. 

BMA  4 


98  QUIT-CLAIM   DEED. 

If  the  estate  is  granted  for  a  term  of  years,  the  habendum  will  read  — 
**  To  have  and  to  hold  the  above  granted  premises  to  the  said  C.  D.,  his 

heirs  and  assigns,  for  and  during  the  term  of years,  from  the 

day  of ,  A.  D.  185 — ." —  If  for  the  hfe  of  the  grantee  say  '•  for  and 

during  the  natural  life  of  the  said  C.  D." 

A  pajrty  who  contracts  to  execute  and  deliver  a  deed,  is  bound  to  pre- 
pare it,  if  there  is  no  stipulation  that  it  shall  be  prepared  by  the  grantee. 

Every  agreement  foi  the  sale  of  real  estate  must  be  in  wrUina.  Where 
there  is  a  penalty  annexed  for  the  non-performance  of  the  agreement,  the 
party  failing  to  perform  will  not  be  liable  for  the  whole  amount  of  the 
penalty,  but  only  for  the  actual  damages  sustained ;  and  this  will  be  true, 
even  if  the  sum  is  declared  to  be  not  a  penalty,  but  liquidated  damages, 
unless:  1st.  Where  the  damages  are  uncertain,  and  are  not  capable  qf 
being  ascertained  by  any  satisfactory  and  known  rule.  2d.  Where  it  is 
apparent,  that  the  damages  have  already  been  the  subject  of  actual  and 
fair  calculation  and  adjustment  between  the  parties  ;  in  which  two  cases, 
the  party  may  recover  the  amount  thus  agreed  upon  in  the  instrument,  as 
liquidated  damages.     Greenleafs  Evidences. 

In  the  construction  of  every  instrument  granting,  or  conveying,  or  au- 
thorizing the  creation  or  conveyance  of,  any  estate  or  interest  in  lands,  it 
18  the  duty  of  Courts  of  Justice  to  carry  info  effect  the  intent  of  the 
parties,  so  far  as  such  intent  can  be  collected  from  the  whole  instrument, 
and  is  consistent  with  the  rules  of  Law. — N.  Y.  R.  S. 

Id  the  construction  of  Deeds  the  courts  have  adopted  the  rale,  that 
"where  the  intention  of  the  parties  can  be  discovered,  they  will  carry  that 
intention  into  effect,  if  it  can  be  done  consistently  with  the  rules  of  law." 

1  Mass.  Rep.  SSfi. A  palpable  omission,  or  mistake,  of  a  word  will 

not  defeat  tiie  intentions  of  the  parties, — and  matter  will  sometimes  be 
implied,  where  the  intention  evidently  requires  it. 


DEEDS. 

[Deeds  most  be  acknowledged  and  recorded.] 
Bee  Directions  on  pages  7,  S,  9,  nnd  especially  38,  37,  and  38. 

I.    Quit-Claim  Deed. 

Know  ALL  MEN  bt  these  presents,  ThatI,  a.  B.,  of 

I        ,  in  the  county  of ,  and  State  of ,  merchant, 

in  consideration  of dollars  to  me  paid  by  C.  D.,  of 

' ,  in  the  county  of ,  and  State  of ,  farmer, 

(the  receipt  whereof  is  hereby  acknowledged,)  do  hereby 
convey,  remise,  release,  and  forever  Quit  Claim  unto  the 
said  C.  D.,  his  heirs  and  assigns,  a  certain  farm  and  tract 

of  land  situate  in ,  aforesaid,  consisting  of  about 

acres,  with  all  the  building?  thereon  standing,  bounded 
and  described  as  follows,  viz  :  [here  insert  description 
and  boundaries:]  with  all  the  privileges  and  appurte- 
nances thereto  belonging. 

To  have  and  to  hold  the  above  released  premises,  to 
the  said  C.  D.,  his  heirs  and  assigns,  to  his  and  their  use 
and  behoof  forever. 

And  I,  the  said  A.  B.,  for  myself  and  my  heirs,  ex* 


trustee's   DBBD  —  WABBANTT  DEED.  39 

ecutors  and  administrators,  do  covenant  with  the  said 
C.  D.,  his  heirs  and  assigns,  that  the  premises  are  free 
from  all  incumbrances  made  or  suffered  by  me;  and  that 
I  will,  and  my  heirs,  executors  and  administrators  shall, 
warrant  and  defend  the  same  to  the  said  C.  D.,  his  heirs 
and  assigns  forever,  against  the  lawful  claims  and  de- 
mands of  all  persons  claiming  by,  through,  or  under  me 
but  against  none  other. 

In  witness  whereof,  I,  the  said  A.  B.  [being  unmarried*] 
have  hereunto  set  my  hand  and  seal,  this  —  day  of — ,  in 

the  year  of  our  Lord  eighteen  hundred  and  fifty . 

A.  B.       (X..  8.) 

Signed,  tealtd  and  delivered  m  presence  •/ 

'''Note.    If  the  grantor  be  married  there  ihould  be  a  release  of  dower.    8m 
last  paragraph  of  No.  3. 

2.  Quit-Claim   Deed,  by  Trustee. 

Know  all  men  bv  these  presents,  That  I,  H.  P., 
of ,  in  the  county  of ,  and  State  of ,  gen- 
tleman, as  I   am  trustee  for  G.  H.  and  others,  under  an 

Indenture  of  two  parts,  dated, ,  18 — ,  in  virtue  and 

in  execution  of  the  power  and  authority  in  me  vested  in 
and  by  said  Indenture,  and  any  and  all  other  powers  me 
hereto  enabling,  and  in  consideration  of,  [ajter  which 
proceed  as  in  No.  1,  to  the  close  ofths  third  paragraph."] 

In  witness,  whereof,  I  the  said  H.  P.,  trustee  as  afore- 
said, [being  unmarried,]  have  hereunto  set  my  hand  and 

seal  this day  of in  the  year  of  our  Lord  eighteen 

hundred  and  fifty .  H.  P.    (l.  s.) 

Signed,  *tiUed  and  delivered  inftetenu  «f 

3.   Warranty  Deed. 

Know  all  men  by  these  Presents,  That  I,  R.  B., 
of ,  in  the  county  of ,  and  State  of ,  mer- 
chant, in  consideration  of dollars   to  me  paid  by 

T.  A.,  of ,  in  the  county  of ,  and  State  of , 

farmer,  (the  receipt  whereof  is  hereby  acknowledged,)  do 
hereby  give,  grant,  bargain,  sell  and  convey,  unto  the  said 
T.  A.,  his  heirs  and  assigns,  a  certain  parcel  of  land, 
situate  in  ,  in  said  county,  and  bounded  and  de- 
scribed as  follows  :     [Here  insert  description  and  bound* 


40  DEED   TO    CONVEY   WIFE's    KEAL    ESTATE. 

kries].*  [See  description  in  note  at  foot  of  page]  with 
all  the  privileges -and  appurtenances  thereto  belonging. 

'  [Here  insert  exceptions,  liens,  Ifc,  if  ihere  be  any,  as  follows: — "  The  pre- 
mises are  however  conveyed  subject  to  a,  or,  these  &c. :    (See  pp.  36,  37.) 

;  To  have  and  to  hold  the  aforegranted  premises,  to 
the  said  T.  A.,  his  heirs  and  assigns,  to  his  and  their  use 
and  behoof  forever. 

And  I,  the  said  R.  B.,  for  myself  and  my  heirs,  executors, 
and  administrators,  do  covenant  with  the  said  T.  A.,  his 
heirs  and  assigns,  that  I  am  lawfully  seized  in  fee  simple 
of  the  aforegranted  premises;  that  they  are  free  from  all 

iniiiimKvonoac  •  [tf  there  has  been  any  set  forth  in  the  premises,  here 
Il^Umorances  ,  g„y^  i.  ^^^^^  i^^  aforesaid  4-c.— see  also  page  36.] 

that  I  have  good  right  to  sell  and  convey  the  same  to  the 
said  T.  A.,  as  aforesaid  ;  and  that  I  will,  and  my  heirs,  ex- 
ecutors, and  administrators  shall,  warrant  and  defend 
the  same  to  the  said  T.  A.,  his  heirs  and  assigns  forever, 
against  the  lawful  claims  and  demands  of  all  persons. 

In  witness  whereof  I,  the  said  R.  B.,  and  Mary  my 
wife,  in  token  of  her  release  of  all  right  of  dower  in  the 
granted  premises,  have  hereunto  set  our  hands  and  seals 

this day  of ,  in  the  year  of  our  Lord  eighteen 

hundred  and  fifty-two.  R.  B.        [l.  ».] 

M.  B.        fL.  8.] 

Signed,  sealed  and  delivered  in  presence  of 

4.    Warranty  Deed  to  convey  Wife's  Real  Estate. 

Know  all  men  by  these  presents.  That  we,  A.  B.» 
of ,  in  the  county  of ,  and  State  of ,  mer- 
chant, and  M.  B.  wife  of  said  A.  B.,  in  her  own  right,  in 
consideration  of  one  thousand  and  eighty  dollars  paid  by 
[the  City  of ,]  the  receipt  whereof  is  hereby  acknow- 

Description  and  Boundcaiet  of  the  Estate. 

*  Being  a  certain  piece  designated  as  lot  ,  on  a  plan  of  land  formerly 

belonging  to  T.  &  S.,  which  plan  was   tnade  by  J.  L.,  dated   November — , 

1854,  and  recorded   with  the Deeds  ;  and  to  which  plan  reference  is  hero 

made  for  a  further  description  of  the  location  and  boundaries  of  said  lot.  Said 
lot  is  bounded  and  measures  according  to  said  plan  as  follows : 

♦  Bounded —  southerly  on  S Street,  there  measuring  thirty  feel ;  westerly 

on  hnu4e  and  land  of  I.  B.  there  measuring  thirty  feet,  and  euslerly  on  land  of 
J.  R.  there  measuring  forty  feel  eight  inches  ;  northerly  on  land  of  J.  D  there 
measuring  forty  feet ;—  all  such  measurements  being  more  or  less,  or  however 
otherwise  bounded  ; 

•  Cont.iining  thirty  acres,  more  or  less,  bounded  southerly  on  t"he  highway 
leading  from  B.  to  T. ;  easterly  on  land  of  T.  F. ;  westerly  on  land  of  E.  N. ; 
and  northerly  partly  on  land  of  O.  P  and  partly  on  land  of  N.  S.,  (being  the 

same  conveyed  to  me  by  G.  N  ,  by  his  deed  daied ,  185    ,  recorded  in  the 

,  vol.  — ,  page  — ').    (Also  see  description  of  estate  at  page  45.) 


DEED   BY   ATTOBNBT — TO   A   MARRIED  WOMAN.      41 

ledged,  do  hereby  give,  grant,  bargain,  sell,  and  convey 

to  the  said  [Citi/  of ,its  successors*]   and  assigns 

forever,  one  undivided  tenth  part  of  a  certain  messuage 
[here  describe  how  butted  and  bounded,  how  measuring, 
and  how  it  came  into  possession,  if  by  will,  deed,  &.c.,] 
after  which  proceed  as  in  No.  3  to  the  close  of  the  third 
paragraph,  and  then  say  : — 

In  witness  whereof,  we,  the  said  A.  B.  and  M.  B.,  have 

hereunto  set  our  hands  and  seals,  this day  of , 

in  the  year  of  our  Lord  one   thousand  eight  hundred 

and 

A.  B.       (l.  s.) 

Signed,sealed  and  delivered  in  pretence  of  M.  B.         (l.  8.) 

5.    Warranti/  Deed  executed  by  Attorney. 

Know  all  men  by  these  presents.  That  I,  A.  B., 

of ,  in  the  county  of ,  and  State  of ,  in 

consideration  of  ,  [after  which  proceed  as  in  No.  3 

to  the  close  of  the  third  paragraph,  and  then  say  : — ] 

In  witness  whereof,  the  said  A.  B.,  grantor,  hath  here- 
unto set  his  hand  and  seal,  this day  of ,  in  the 

year  of  our  Lord  one  thousand  eight  hundred  and , 

by  C.  D.,  his  attorney  duly  authorized,  by  letter  of  attor 

ney  herewith  recorded. 

A.  B.       (l.  8.) 
By  C.  D.        \tu.  8.) 
Signed,  se<Ued  and  delivered  in  presence  of 

6-  f  Deed  of  Real  Estate  to  a  Married  Woman,  to  her 
sole  and  separate  use. 
Know  all  men  by  these  presents.  That  I,  A.  B.,  of 
,  in  the  county  of — ,  and  state  of — ,  farmer,  in  con- 
sideration of  the  sum  of dollars,  to  me  paid  by  C.  D,, 

wife  of  E.  D.,  of aforesaid,  merchant,  (the  receipt  of 

which  is  hereby  acknowledged,)  do  give,  grant  bargain, 

*  Instead  of  [City  of,]  insert  town,  if  it  be  so,  or  the  name  of  an  IndiTidnal,  if 
the  Deed  be  made  to  one,  in  which  case  [C.  D.,  his  heirs  and  assigns]  should 
take  the  place  of"  city  of ,  its  snccessors." 

t  This  deed  must  be  recorded  in  the  county  where  the  land  lies,  and  alio  in  th« 
county  where  the  husband  resides,  if  in  Massachusetts,  otherwise,  in  the  county 
where  the  grantor  resides,  within  ninety  days  from  the  time  of  its  delivery. 

A  hutband  can  secure  property  to  his  wife  by  conveying  it  to  some  friend 
in  trust  for  her  benefit,  but  not  to  the  prejudice  of  his  creditors.  So  a  female 
may  before  marriage,  convey  property  to  a  third  person  in  trust  for  her  benefit; 
«nd  thereby  place  it  beyond  the  oontrol  or  liabilities  of  her  future  husband. 

BMA  4* 


42       DEED  FROM  A  FATHER  TO  A  DAUGHTER. 

sell,  and  cohvey  unto  the  said  C.  D.,  her  heirs  and  as- 
signs, a  certain  lot  of  land  situate,  lying  and  being  in 

,  aforesaid,  with  the  dwelling  house  thereon  standing, 

bounded,  and  described  as  follows  :  [here  insert  the  de- 
scription,] with  all  the  privileges  and  appurtenances 
thereto  belonging. 

To  have  and  to  hold  the  above  granted  premises,  to 
her,  the  said  C.  D.,  wife  of  the  said  E.  D.,  to  her  sole  and 
separate  use,  free  from  the  interference  or  control  of  her 
present  husband  E.  D.,  or  of  any  future  husband,  and  to 
her  heirs  and  assigns,  to  her  and  their  sole  use  forever. 

(Here  insert  Covenants  of  Warranty,  as  in  Deed  3,  if  deemed  necessary.) 

In  witness  whereof,  I,  the  said  A.  B.,  have  &c. 

A.  B.        (l.  s.) 

Signed,  sealed  and  delivered  in  presence  of 

[If  grantor  be  married,  there  should  be  a  release  of  Dower.] 

8.  Deed  of  Gift  of  Personal  Chattels  from  a  Father  to 
a  Married  Daughter  to  her  sole  and  separate  use.* 

Know  all  men  by  these  pnESENXs,  That  I,  A.  B., 
of ,  in  the  county  of  and  state  of ,  mer- 
chant, in  consideration  of  the  love  and  affection  which  I 
bear  to  my  daughter,  S.  B.  D.,  wife  of  C.  D.,  of afore- 
said, and  for  divers  -other  good  and  valid  considerations, 
do  hereby  give,  grant,  confirm  and  convey  unto  my  said 
daughter,  S.  B.  D.,  her  heirs  and  assigns,  all  and  singular 
the  goods  and  chattels  following,  to  wit:  [or,  say,  goods 
and  chattels  mentioned  in  the  schedule  hereto  annexed.] 

1  Bureau, Marked  S.  B.  D.  on  the  back.i 

1  Grecian  Table, "         S.  B.  D.  under  the  leaf. 

12  Mahogany  Chairs, "         S.  B.  D.  und(;r  the  bottom. 

3  Silver  Tablespoons "         S.  B.  O.  on  the  handle. 

12  Silver  Tea  Spoons, "         S.  B.  D.  «'    '«        " 

1  Silver  Tankard, "         A  B.  to  S.  B.D.ontheside. 

To  have  and  to  hold  the  above  described  goods  and 
chattels  to  her  sole  and  separate  use,  free  from  the 
interference  and  control  of  her  present,  or  any  future 
husband,  and  to  her  heirs  and  assigns,  to  her  and  their 
sole  use  and  behoof  forever. 

In  witness  whereof,  I,  the  said  A.  B,,  &c. 

Signed,  seated  and  delivered  in  presence  of  A.  B.     [l.   s,] 

'  *  ThiR  must  be  recorded  within  ninety  days  after  the  delivery,  if  in  Massa- 
ehnsetts,  in  the  county  where  the  husband  resides,  or  the  property  will  be  liable 
to  attachment  for  the  bosband'i  debts. 


DEED   OF   RIGHT   OF   WAY.  43 

9.   Deed  of  a  Right  of  Way* 

Tins  Indenture  made  this day  of ,  in  the 

year  of  our  Lord  one  thousand  eight  hundred  and  fifty 

,  between  A.  B.  of ,  of  the  one  part,  and  C.  D. 

of  ,  of  the  other  part,  Witnesseth, 

That  the  said  A.  B.  in  consideration  of dollars  to 

him  paid  by  the  said  C.  D.,  doth  hereby  grant,  bargain, 
and  sell  unto  the  said  C.  D.  his  heirs  and  assigns,  the 
free  and  uninterrupted  use  of,  and  passage  in  and  along 

a  certain    alley  or  passage  of in  breadth,  by 

feet  in  depth,  extending  out  of  and  from street,  in 

the  town  aforesaid,  along  the  south  side  of  the  present 
messuage,  dwelling  house  and  lot  of  the  said  C.  D.,  to- 
gether with  free  ingress,  egress  and  regress  to  and  for 
the  said  C.  D.  his  heirs  and  assigns,  his  and  their  tenants 
and  undertenants,  occupiers  or  possessors  of  the  messuage 
and  ground  of  the  said  C  D.  contiguous  to  the  said  alley, 
or  passage,  at  all  times  and  seasons,  forever  hereafter, 
into,  along,  upon,  and  out  of  the  said  alley,  or  passage,  in 
common  with  him  the  said  A.  B.  his  heirs  and  assigns, 
tenants  or  occupiers  of  the  messuage  and  ground  of  the 
said  A.  B.  adjacent  to  the  same  alley,  or  passage. 

To  have  and  to  hold  all  and  singular  the  privileges 
aforesaid,  to  him  the  said  C.  D.  his  heirs  and  assigns, 
to  the  only  proper  use  and  behoof  of  him  the  said  C.  D. 
his  heirs  and  assigns,  forever,  in  common  with  him  the 
said  A.  B.  his  heirs  and  assigns,  as  aforesaid :  Subject 
nevertheless  to  the  moiety  or  equal  half  part  of  all  ne- 
cessary charges  and  expenses  which  shall  from  time  to 
time  accrue,  in  paving,  amending,  repairing,  and  cleans- 
ing the  said  alley,  or  passage. 

In  witness  whereof,  the  said  parties  have,  &c. 

Sitrned, sealed  and  delivered  in  presence  of  ■^'   "•      l^'  "•] 

'^  C.    D.       [L.    8.] 


*  Easements.  Noperson  canacquire  any  rightto  aprivilege  of  way,  air,or 
Ii?ht,  nor  any  other  easement,  in  Afassachusetis,  New  York,  and  several  other 
States,  unless  such  shall  have  been  continued  uninterrupted  for  twenty 
years.  In  Connecticut  and  Vermont,  for  fifteen.  In  South  Carolina,  thirty. 
Bat  it  is  held  not  lo  exist  in  New  Jersey  or  Pennsylvania. 

in  some  States  the  acquiring  of  such  a  right  may  bo  pcavcnted  by  serving  a 
notice  on  the  opposite  party,  and  recording  the  same;  and  a  oopy  of  the  notice 
must  he  afflxedto  the  honiie  or  sume  otherconspicuous  part  ofthe  premises. 

In  Mnssachnsfltls  a  law  of  185Q  provides  that  no  persi-n  shall  acquire  a  right 
of  light  and  air,  by  mere  continuance  of  windows  overlooking  another's  land,  so 
AS  to  prevent  the  owner  of  such  land  from  erecting  any  building  tliereon. 


44  SHOBT  FORMS   OF   DEEDS. 


STATUTE  DEEDS  OF   VIRGINIA.  -  [From  Code  of  Virginia,  1849.] 

The  following  Deed,  or  one  to  the  same  effect,  shall,  unless  an  exception  be 
made  therein,  include  all  estate,  right,  title,  interest,  buildings,  privileges  and 
appurtenances,  of  every  kind  belonging  to  the  lands  therein  embraced.  C.  of  V. 

Deed  to  Convey  the  Grantor* s  whole  Interest. 

This  deed,  made  the day  of in  the  year  1855,  between 

[here  insert  the  names  of  parties'],  witnesseth :  that  in  considera- 
tion of  [Acre  state  the  consideration] ,  the  said  doth  [or  do,} 

grant  unto  the  said  *,  all  &c.  [here  describe  the  property,  and 

insert  covenants  or  any  other  provisions]. 

Witness  the  following  signature  &  seal,  [or  signatures  Sf  seals.} 

Deed  of  Lease. 

This  deed  made  the day  of ,  in  the  year  1855,  between 

[here  insert  the  names  of  parties],  witnesseth  :  that  the  said 

doth  [or  do]  demise  unto  the  said ,  his  personal  representatives 

and  assigns,  all  &.c.  [here  describe  the  property]  from  the day 

of ,  for  the  term  of years,  thence  ensuing,  yielding  there- 
for during  the  said  term,  the  rent  of  [here  state  the  rent  and  mode 
ol  payment.] 

Witness  the  following  signature  and  seal  [or  signatures  and  seals.] 

Deed  of  Trust  to  Secure  Debts  or  Indemnify  Sureties. 

This  deed,  made  the day  of ,  in  the  year  1855,  between 

,  [the  grantor]  of  the  one  part,  and ,  [the  trustee]  of  the 

other  part,  witnesseth  :    that  the  said ,  [the  grantor]  doth  [or 

do]  grant  unto  the  said  ,  [the  trustee]  the  following  property, 

[here  describe  the  debts  to  be  secured,  or  the  sureties  to  be  in- 
demnified, and  insert  covenants,  or  any  other  provisions  the  parties 
may  agree  upon]. 

Witness  the  following  signatures  and  seals,  [or  signature  &  seal.] 

STATUTE  DEEDS  OF  IOWA.  —  [From  the  Code  of  Iowa.] 
Quit  Claim  Deed.  —  For  the  consideration  of dollars,  I 

hereby  Quit  Claim  to  A.  B.  all  my  interest  in  the  following  tract  ot 

land  [describing  it]. 

Deed  in  Fee  Simple.  —  For  the  consideration  of dollars,  I 

hereby  convey  to  A.  B.  the  following  tract  of  land  [describing  it], 

and  I  warrant  the  title  against  all  persons  whomsoever. 

Mortgage.  —  The  same  as  a  Deed  of  Conveyance  —  adding  — 

"  to  be  void  upon  condition  that  I  pay,"  &c. 

The  following  is  Chancellor  KenVs  Form  of  Deed. 

'  I,  A.  B.,  in  consideration  of [here  state  the  consideration] 

to  me  paid  by  C.  D.,  do  bargain  and  sell  to  C.  D.  [and  his  heirs  *] 
the  lot  of  land  bounded  &c.  [here  describe  the  property  and  insert 
covenants  or  any  other  provisions.]   Witness  my  hand  and  seal  &c. 

•  In  most  of  the  State«  the  term  "  Aet>5"  should  be  inserted  in  deeds  of  real 
estate  if  it  is  intended  that  the  purchaser  shall  take  more  than  a  life  interest. 
But  in  New  Yoric,  Virginia,  Iowa,  and  Missouri,  its  insertion  is  not  requi- 
site to  create  or  convey  an  estate  in  fee.  The  words  "  executors^*  and  "  ad- 
nunistrautn''^  are  omitted,  as  they  are  bound,  in  all  cases,  though  not  named. 


DRBDS.  45 

JVew  York  Form  of  Quit  Claim  Deed,  by  Husband  and  Wife. 

Know  all  men  by  these  presents,  That  we,  A.  B.  of — , 
in  the  county  of —  and  state  of  New  York,  and  E.,  the  wife  of  the 
said  A  B.  in  consideration  of  the  sum  of —  dollars,  to  us  in  hand 
paid  by  C.  D.,  of — ,  in  the  county  of — ,  and  state  of  — ,  the  receipt 
whereof  is  hereby  acknowledged,  do  bargain,  sell  and  quit  claim, 
unto  the  said  C.  D.  his  heirs  and  assigns,  forever,  all  our  and  each 
of  our  right,  title,  interest,  estate,  clnim,  and  demand,  both  at  law 
and  in  equity,  and  as  well  in  possession  as  in  expectancy,  of,  in,  and 
to,  all  that  certain  piece  or  parcel  of  land,  being  the  —  quarter  of 
section  number  — ,  in  township  number  — ,  north  of  the  base  linCy 
in  range  number  — ,  east  of  the  —  principal  meridian  in  the 
State  (^  — ,  with  all  and  singular  the  hereditaments  and  appurte- 
nances thereunto  belonging. 

In  witness  whereof,   we  have  hereunto  set  our  hands  and  seals, 

tliis day  ol ,  in  the  year  A.  B.    [l.  s.] 

E.    B.     [L.  8.] 
Sealed  and  delivered  in  presence  of 

Warranty  Deed,  by  Husband  and  Wife. 

This  Indenture,   made  the  day  of in   the  year 

one  thousand  eight  hundred  and  fifty-four,  between  A.  B.  merchant, 

of ,  in  the  county  of ,  and  stale  of  New  York,  and  Mary 

his  wife,  parties  of  the  first  part,  and  C.  D.,  farmer,  of ,  in  the 

county  of ,  and  State  of ,  party  of  the  second  part : 

Witnesseth,  That  the  said  parties  of  the  first  part,  in  considera- 
tion of  the  sum  of dollars,  to  them  paid  by  the  said  party  of  the 

second  part,  (the  receipt  whereof  is  hereby  acknowledged)  do  give, 
grant,  bargain,  sell,  and  convey  unto  the  said  party  of  the  second 
part,  his  heirs  and  assigns  forever,  a  certain  tractof  land,  situate  in 
D.  [warranted  to  contain  twelve  acres  by  measure]  bounded  and 
described  as  follows:  (see  description,  &c.,  at  page  40,  note,)  with 
all  the  privileges  and  appurtenances  thereunto  belonging. 

[Here  are  inserted  the  reservations,  excepuons,  or  restrictions.] 

To  have  and  to  hold  the  above-granted  premises  unto  the  said 
party  of  the  second  part,  his  heirs  and  assigns,  to  his  and  their  own 
proper  use,  benefit,  and  behoof  forever. 

And  the  said  A  B.,  for  himself,  his  heirs,  executor?,  and  admin- 
istrators, doth  covenant  with  the  said  party  of  the  second  part,  his 
heirs  and  assigns,  that  he  is  lawfully  seized  in  fee  simple  of  the  pre- 
mises aforesaid  ;  that  they  are  free  from  all  incumbrances,  [if  there 
be  any  they  should  be  noticed  here,  see  p.  36]  ;  that  he  has 
good  right  to  sell  and  convey  the  same  to  the  said  party  of  the  sec- 
ond part,  his  heirs  and  assigns,  forever,  as  aforesaid ;  and  that  he  will, 
and  his  heirs,  executors,  and  administrators  shall  warrant  and  defend 
the  same  to  the  said  party  of  the  second  part,  his  heirs,  and  assigns, 
forever,  against  the  lawful  claims  and   demands  uf  all  persons. 

In  witness  whereof,  the  said  parties  of  the  first  part  have  here- 
unto set  their  hands  and  seals  the  day  and  year  first  above  written. 
(Signed  and  sealed  as  above  )  * 

NoTK. — The  aliove  forms  will  also  answer  for  uHmarricd  persons,  by  omit- 
ting thore  parts  which  refer  to  husband  and  wife.  In  Mortgage  Deeds  if  A. 
B.  De  married  the  wife  must  join  in  the  Mortgage,  as  above. 


46  GUABANTEES. 

GUARANTEES,    FORMS    OF. 

Continuing  Guarantee  for  Goods  to  be  delivered. 

\^A  Guarantee  should  be  founded  on  some  consideration.'] 
"  I  HEREBY  guarantee  the  payment  to  Messrs.  E.  F.  and  G.  H., 
for  all  gooils  which  they  may  from  time  to  time  supply  to  John 

Williams,  of  &c.  not  exceeding  the  amount  of  $ .     [This 

would  be  sufficient ;  but  it  might,  in  order  to  prevent  all  ques- 
tions, be  as  well  to  add  the  words,  '  this  is  to  be  a  continuing 
guaiantee.^]     Dated  &c.  A.  B. 

[  The  supplying  the  goods  is  the  consideration  implied.] 

Other  Examples  of  Guarantees. 

"  I  HEREBY  guarantee  the  payment  to  Messrs.  &c.,  for  such 
goods  as  they  may  supply  to  J.  W.,  of  &c.,  not  exceeding  the 

amount  of$ ;  but  this  is  not  intended  as  a  continuing  guarantee, 

but  only  for  the  once  supplying  goods  to  the  above  amount. 
Dated  &c." 

"  I  hereby  guarantee  the  debt  of  $100  due  to  you  by  B,  in  con- 
sideration of  your  giving  him  a  farther  credit  of  $200." 

[This  applies  only  to  a  single  iransaction,  and  is  confined  to  the  single  debt 
of  If  ICO.] 

"  I  hereby  guarantee  the  debt  of  $100,  due  to  you  by  B,  on  your 
giving  him  a  farther  credit ;  as  also  what  he  may  contract  with  you 
from  this  date  up  to  the  29th  of  October  next." 

[This  applies  to  the  ilebi  of  $100,  and  extends  to  all  iransaclions  of  what- 
ever amouni,  of  B  with  the  parly  to  whom  the  guarantee  is  giyen,vp  to  a 
given  day.] 

"  I  hereby  guarantee  the  debt  of  $100,  due  to  you  by  B,  on  your 
giving  him  a  farther  credit ;  and  also  any  debt  he  may  contract 
with  you,  not  exceeding  $500,  for  goods  supplied  to  him  after  this 
date." 

[Is  a  guarantee  for  the  debt  of  $100,  and  extending  tc  any  debt  not  exceed- 
ing 55(H),  which  may  at  any  lime  become  due  (orgoods  delivered  to  B,  until  th« 
credit  shall  be  recalled  by  him  who  gives  the  guarantee,  and  applies  to  debts 
successively  renewed.] 

"  I  hereby  guarantee  the  payment  for  any  goods  which  you  may 
deliver  to  B  after  this  date." 

[Extends  to  all  transactions  for  goods  sold  to  B  at  any  future  time,  and  to 
any  amouni,  and  continues  in  force  until  the  credit  is  recalled.] 

For  Debts  already  Due,  to  prevent  Proceedings. 

"  Messrs.  E.  F.  and  G.  H.  having,  at  my  request,  agreed  to 
forego  proceedings  which  they  were  about  to  take  against  Mr.  J. 

W.,of&.c.,  to  enforce  the  payment  of  $ due  from  him  to  them,  I 

hereby,  in  consideration  thereof,  guarantee  the  payment  to  them  of 
that  sum.     Dated  &c." 

To  stop  Proceedings  when  commenced. 

Messrs.  E.  F.  aftd  G.  H.  having  at  my  request,  agreed  to  dis- 
continue the  proceedings  taken  by  them  against,  &c.  to  enforce 
payment  of  &c.  due  from  him  to  them,  I  hereby,  in  consideration 
thereof,  guarantee  the  payment  of  that  sum  and  of  $ costs." 


LBASBS.  47 


Guarantee  for  Payment  of  Rent. 

"  In  consideration  of  the  execution  of  the  within  written  lease,  at 
our  request,  we  do  hereby  guarantee  to  the  said  A.  A.  the  true  and 
punctual  payment  of  the  rent  reserved  at  the  times  and  in  the" 
manner  therein  mentioned,  and  in  default  thereof,  promise  to  pay 
the  same  on  demand. 

Witness  our  hands  and  seals,  this dayof,  &c.     E.G.  [l.s  ] 

Executed  in  presence  of  F.  F.  [l.s.]" 

Guarantee  for  payment  of  Negotiable  Note. 

"  Pay  to  the  bearer,  and  for  value  received,  I  guarantee  the  pay- 
ment of  the  within. 

Dated.  &c.  E.  F." 


LEASES. 

Lease  of  Store,  or  House. 

This  Indenture,  made  this day  of  in  the  year 

eighteen  hundred   and  fifty .between  A.  B.  of and 

C.  D.  of ,  witnesses,  that,  in  consideration  of  the  covenants 

herein  contained  on  the  part  of  the  said  C.  D.  to  be  kept  and  per- 
formed, be  the  said  A.  B.  does  hereby  demise  and  lease  to  the 
said  C.  D.  the  slore  and  collar,  with  the  appurtenances,  num- 
bered 22  B.  street,  in  the  city  of  B, 

To  have  and  lo  hold  the  same  to  the  said  lessee,  for  the  term  of 

years  from  the  date  hereof,  the  said  lessee  paying  therefor 

the  yearly  rent  of dollars,  during  the  said  term. 

And  the  lessee  covenants  with  the  I'^ssor  to  pay  the  said  rent 

in  quarterly  payments  of dollars  each,  at  the  expiration 

of  each  and  every  quarter  during  the  said  term ;  the  first  pay- 
ment thereof  to  be  made  on  the  —  day  of — ,  now  next  ensuing  ; 
— and  to  make  no  unlawful,  improper,  or  offensive  use  of  the 
premises ;  to  quit  and  deliver  up  the  premises,  and  all  future 
erections  and  additions  to  or  upon  the  same,  to  the  lessor,  peace- 
ably and  quietly,  at  the  end  of  the  term,  in  as  good  order  and  con- 
dition, (reasonable  use  and  wearing  thereof,  fire  and  other  una- 
voidable casualties,  excepted)  as  the  same  now  are,  or  may  be 
put  into,  by  the  lessor,  or  those  having  his  estate  in  the  premises  ; 
to  pay  all  taxes  and  assessments  whatsoever ;  whetiier  in  the 
nature  of  taxes  now  in  being  or  not,  and  all  charges  for  cleans- 
ing, which  may  be  pavable  for  or  in  respect  of  the  premises  or 
any  part  thereof  during  the  said  term,  tO(.>ether  with  the  rent, 
taxes,  assessments  and  charges  as  above  stated,  for  such  further 
time  as  the  lessee,  or  those  claiming  under  him  may  hold  the 
premises  ;  not  to  make  or  suffer  any  waste  thereof, — nor  make 
nor  suffer  to  be  made,  any  alteration  therein,  nor  lease,  nor 
underlet,  nor  permit  any  other  person  or  persons  to  occupy  the 


48  LEASES 

same,  except  such  as  the  lessor,  or  those  having  his  estate 
in  the  premises,  shall  in  writing  approve  ;  and  that  the  lessor, 
or  those  having  his  estate  in  the  premises,  with  his  and  iheir 
servants,  at  seasonable  times  may  enter  to  view  the  premises, 
and  make  repairs.  And,  in  case  the  said  rent  or  taxes  shall 
be  in  arrear  (or  the  space  of  one  week,  and  the  same  shall  have 
been  duly  demanded,  in  writing,  on  or  after  the  day  when  the 
,  same  shall  have  become  payable — or,  if  the  lessee,  in  case  of 
his  insolvency,  shall  fail  to  grive  reasonable  security  for  the 
payment  of  all  sums  then  due,  and  thereafter  to  grow  due, 
under  this  lease  ;  or  if  any  of  the  covenants  herein  contained  to 
be  observed  on  the  part  of  the  lessee  or  ihose  claiming  under 
him  shall  be  broken, — the  lessor  or  those  having  his  estate  in 
the  premises,  whilst  such  neglect  or  default  continues,  may, 
without  further  notice  or  demand,  enter  upon  the  premises  and 
expel  the  lessee  or  those  claiming  under  him,  or  may  other- 
wise legally  evict  hiiri  or  them  without  prejudice  to  any  reme- 
dies which  might  otherwise  be  used  for  arrears  of  rent,  or  pre- 
ceding breach  ot  covenant;  and  thereupon  the  lessor  may,  at 
his  discretion  re-let  the  premises  at  the  risk  of  the  lessee,  who 
siiall  remain  (lor  the  residue  of  said  term)  responsible  for  the 
rent  herein  reserved,  and  shall  be  credited,  with  such  amounts 
only  as  shall  be,  by  the  lessor,  actually  realized. 

Provided  however,  that,  in  case  the  premises,  or  any  part 
hereof  shall,  during  said  term,  be  destroyed  or  damaged  by  fire 
or  other  unavoidable  casually,  so  tliat  the  same  shall  be  thereby 
rendered  unfit  for  use  and  habitation,  then,  and  in  su<'h  case, 
the  rent  hereinbefore  reserved,  or  a  just  and  proportionate  part 
thereof,  according  to  the  nature  and  extent  of  the  injury  sus- 
tained, shall  be  suspended,  or  abated  until  the  premises  shall 
have  been  put  by  the  lessor,  or  those  having  his  estate  in  the 
premises,  in  proper  condition  for  use  and  habitation.  * 

In  witness  whereof,  the  parties  have  hereunto  interchangea- 
bly set  their  hands  and  seals,  the  day  and  year  first  above  written. 

A.  B.     [l.  s.] 
C.  D.     [L.  s.] 

Executed  in  presence  of 

*  Witliout  an  express  coc/nant  to  the  conlrnry,  the  tenant  is  bound  to  con- 
tinue lh»- payment  of  rcnr.  thouffh  ihe  prcmii'es  lie  destroyed  hy  fin-,  and  the 
landlord  n-lnse  10  rehuild.  And  if  u  tenant  covenants  to  pay  rent  anil  to  re- 
pair, with  an  express  exception  of  casualties  liy  fire,  he  is  liable  on  the  cov- 
eiiaitt  o(rfnt.  ih  iiiirh  tin-  premises  are  burnt  down  by  iiccideni,  and  never  re- 
built by  the  landlord.  I  T.  R.3I0.  Nor  can  he  be  relieved  by  a  court  of  equity. 
Anst.  687.  unless  perhnps  the  landlord  has  received  the  value  of  his  premises 
by  insurance.  Ainii  621.  And  if  he  covenant.s  to  repair  genenilly,  u-iihoul 
anv  Hxpress  exceptions,  and  the  premises  are  burnt  down,  he  is  bound  to  re- 
build ihein.    6T.  R.  05U. 


Lease  of  House  or  Store,  let  to  two  or  more  Tenants. 

This  Indenture,  made  this [froceed  as  in  preceding 

hease  to  tli£  close  of  the  second  paragraph]. 


NOTICES   TO    QUIT.  49 

And  the  said  lessee  promises  to  pay  the  said  lessor dol- 
lars as  the  annual  rent  of  said  premises,  to  be  paid  in  monthly 

payments  of dollars  each  on  the day  of  each  and  every 

month,  during  said  term  ,  and  to  quit  and  deliver  up  the  premises 
to  the  lessor,  or  his  attorney,  peaceably  and  quietly,  at  the  end  of 
the  term,  in  as  good  order  and  condition,  reasonable  use  and 
.  wearing  thereof,  fire,  and  oiher  unavoidable  casualties  excepted, 
as  the  same  now  are,  or  may  be  put  into  by  the  said  lessor,  and 
to  pay  the  rent  as  above  stated,  and  all  taxes  assessed,  or  to  be 
assessed  thereon  during  the  term,  and  also  the  rent  and  taxes,  as 
above  staled,  for  such  further  time  as  the  lessee  may  hold  the 
same,  and  not  make  or  suffer  any  waste  thereof,  nor  lease,  nor 
underlet,  nor  permit  any  other  person  or  persons  to  occupy  or 
improve  the  same,  or  make,  or  suffer  to  be  made,  any  alteration 
therein,  but  with  the  approbation  of  the  lessor  thereto  in  writing, 
having  first  been  obtained  ;  and  that  the  lessor  may  enter  to 
view  and  make  improvements,  and  to  expel  the  lessee,  if  he 
shall  fail  to  pay  the  rent  and  taxes  as  Aforesaid,  or  make  or  suf- 
fer any  waste  thereof. 

In  witness  whereof,  the  said  parties  have  hereunto  &c. 

A.  B.        [l.  s.] 
EtecHtett  in  presence  of  C.   O.  [i,.  s.] 

Notice  from  Landlord  to  Tenant  to  Quit. 

Sir, — For  the  purpose  of  determining  your  tenancy  in  the  es- 
tate No.  5  B.  Street,  in  the  city  [town]  of  B.,  now  in  your  pos- 
session, you  are  hereby  notified  to  quit  and  deliver  up  tome  the 

premises  aforesaid,  on  the day  of next,  according  to  law. 

C.  D.,  Landlord. 

To  Mr.  A.  B.,  Tenant.  Dated, ,  Oct.  1,  185—. 

Notice  from  Tenant  to  Landlord  of  intention  to  Quit. 

Sir, — For  the  purpose  of  determining  my  tenancy  in  the  house, 
which  I  now  hold  of  you,  known  as  No.  5  B  Street,  in  the  town 
of  B.,  you  are  hereby  notified  that  1  shall  quit  and  deliver  up  to 
you  the  premises  aforesaid,  on  the day  of next,  accord- 
ing: to  law.                     •                                         A.  B.,  Tenant. 

To  Mr.  C.  D.  Landlord.  Dated, ,  Oct  1,  185—. 

Notice  to  Quit  for  Non-payment  of  Rent. 
Sir, — You  are  hereby  notified  to  quit,  and  deliver  up  to  me,  the 
,  house  and  appurtenances,  known  as  No.  5  B.   Street,  in  the  city 

ttown]  of  B  ,  now  occupied  by  you,  according  to  law,   your  rent 
eing  due  and  unpaid.                                              C.  D.  Landlord 
To  A.  B.  Tenant.  Dated, ,  Oct.  1.  185—. 

See  "  TjinHlonVi  ani  Tenant^s  AMistant,"  on  Payment  of  Rent,  pp.  27.  51 : 
manner  nf  Serving  Nouce,  p.  31 ,  and  lime  required  by  Statute,  pp.  63  to  98. 

BMA  5 


50         MORTGAGE  OP  PERSONAL  PROPERTY. 


MORTGAGES. 

[A  mortgage  is  a  conveyance,  or  sale  of  goods,  to  become  an  absolute 
luterest,  if  not  redeemed  at  a  certain  time.  The  execution  and  registra- 
tion is  a  substitute  for  a  delivery  of  the  articles,  when  they  can  be  sped- 
fied  and  identified  by  a  written  description.]     See  Laws  at  pp.  65,  66. 

1.  Mortgage  of  Personal  Property  * 

Know    all    men  by  these  pnEsENxs,  That   I,  A.   B.,  ol 

,  gentleman,  in  consideration  of  the  sum  of dolinrs,  to  me 

paid  by  C.  D.,  of ,  Esquire,  (the  receipt  whereof  is  hereby 

acknowledged,)  do  by  these  presents  grant,  bargain,  sell  and  convey 
unto  the  said  C.  D.,  the  following  articles  of  personal  properly,  to 
wit:  [or,  if  the  goods  are  too  numerous  to  be  recited,  say.  all  and 
singular  the  goods  and  chattels,  wares  and  merchandize,  mentioned 
and  contained  in  the  schedule  hereunto  annexed :]  to  have  and  to 
hold  the  property  abovegranted,  to  the  said  C.  D.,  his  executors, 
administrators  and  assigns,  forever. 

*  InMassacliuselts,  in  allmortgagesof  persona  I  property,  if  the  mortgagur  retainf 
possession  of  the  articles  mortgaged,  the  mortgage  must  be  recorded  by  the  Clerk 
of  the  tnwn  where  the  mortgagor  resides,  and  also  by  the  Clerk  of  the  towa 
where  he  principally  transacts  his  business,  or  follows  his  trade  or  calling.  The 
right  of  the  Morigagnr,  or  his  assigns,  to  the  property,  shall  not  he  furfeiled  until 
sixty  days  after  the  mortgagee,  or  his  assigns,  shall  have  given  wrilten  notice  to 
the  mortgngor,  or  the  person  in  possession  of  said  property,  claiming  the  same, 
of  his  or  their  intention  to  foreclose  said  mortgage  for  a  breach  of  the  condiiioni 
thereof,  and  caused  a  copy  of  the  same  notice  to  be  recorded  in  the  Clerks'  offices 
where  the  mortgages  are  recorded. 

Morigages  of  personal  property  are  discharged  in  like  manner  as  real 
estate— see  page  59. 

If  the  mortgagor  sell  the  property,  or  part  thereof,  withoutthe  torUten  con- 
sent of  the  mortgagee,  he  shall  be  held  guilty  of  a  misdemeanor,  and  punished 
by  a  fine  not  exceeding  $100,  or  by  imprisonment  not  exceeding  one  year. 
Lawof  Ma48.  1850. 

In  the  Stale  of  JfeiB  York,  a  mortgage  of  personal  property  muathe  filed  andreg- 
istered  if  in  the  city  of  New  York,  in  the  office  of  the  Register  ;  if  in  any  other 
city  or  county  town,  in  the  Clerk's  office  therein  ;  if  in  any  other  town,  in  the 
Town  Clerk's  office.  It  becomes  void,  if  not  renewed  before  the  expiration  of 
the  year. 

In  the  State  of  Maine,  if  the  debt  secured  exceeds  thirty  dollars,  possessiom 
of  the  property  must  be  given  lo  the  Mortgagee,  or  the  Mortgage  must  be  re- 
corded in  the  town  where  the  Mortgagor  resides. 

In  Rhode  Island,  possession  of  the  mortgaged  property  should  be  delivered 
to,  and  retained  by,  the  mortgagee,  and  the  mortgage  recorded  by  the  Clerk  of  tlie 
town  where  the  mortgagor  resides. 

In  New  Hampshire  Mortgages  of  Real  Estate  must  be  recorded  in  the  office  of 
Register  of  f)eed8.  Mortgnges  of  Personal  Property  most  be  recorded  in  theoflica 
oftne  town  Clerk  where  the  mortgagor  resides,  and  the  mortgagor  and  mortga- 
gee must  swear  that  the  mortgage  is  made  for  securing  the  dclit  specified  in  the 
condition  thereof,  and  for  no  other  purpose,  and  that  it  is  a  just  debt,  honestly  due 
from  the  mortgagor  to  the  mortgagee.  A  second  mortgage  cannot  be  cxcculcd  on 
the  same  property,  without  setting  forth  in  the  subsequent  mortgage  the  existence 
of  the  previous  one. 

In  Fermont,  mortgages  ofmnchincry  used  in  factory,  shop  or  mill,  are  not  vaU 
id,  unless  posi'ession  be  delivered  to  and  retained  by  the  mortgagee. 

In  Contiectieut  machinery  used  in  a  manufacturing  or  mechanical  establish- 
ment, household  furniture,  and  hay,  or  other  personal  property,  may  be  mort- 
eased,  and  the  mortgagor  rxiain  possession.  The  morti^age  must  be  particn- 
larly  described,  executed  and  recorded  in  all  respects  as  mortgages  of  land. 

In  Maryland,  Mortgages  of  Personal  Property,  where  mortgagor  remains  in  pos- 
session, must  bo  recorded  in  the  county  where  mortgagor  resides.     Morigages  or 
bills  of  sale  are  not  valid,  except  against  the  mortgagor  or  grantor  unless  there  be 
indorsed  thereon  the  affidavit  of  the  mortgagor  or  grantor,  duly  acknowledged  A    i 
the  lime,  setting  forth  that  the  consideration  is  true  and  bona  fide. 


CHATTEL      MORTGAGE.  51 

And  I,  the  said  A.  B.,  for  myself,  my  executors  and  administra- 
tors, do  covenant  to  and  with  the  said  C.  D.,  his  executors,  adminis- 
trators and  assigns,  that  I  have  good  right  to  sell  and  convey  the  said 
property  to  the  said  C.  D. ;  that  the  same  is  free  from  all  incum- 
brances ;  and  that  I  will,  and  my  executors  and  administrators  shall 
warrant  and  defend  the  same  to  the  said  C.  D.,  his  executors,  ad- 
ministrators and  assigns  forever,  against  the  lawful  claims  and  de- 
mands of  all  persons. 

Provided,  nevertheless,  that  if  the  said  A.  B.,his  executors  or  ad- 
ministrators, pay  to  the  said  C.  D.,  his  executors,  administrators  or 
assigns,  the  sum  of dollars,  in from  date,  with  interest  semi- 
annually, then  this  deed,  as  also  a  certain  note,  bearing  even  dat^^^ 
with  these  presents,  given  by  the  said  A.  B.  to  the  said  C.  D.,  i^ 
pay  the  same  sum  and  interest,  and  at  the  times  aforesaid,  shall 
both  be  void ;  otherwise  shall  remain  in  full  force  and  virtue. 

And  it  is  agreed  that  the  mortgagor,  his  executors,  administrators 
and  assigns,  shall  remain  in  possession  of  said  property  till  condi- 
tion broken. 

In  witness  whereof,  I,  the  said  A.  B.  have  hereunto  set  my  hand 

and  seal,  this day  of in  the  year  of  our  Lord  eighteen 

hundred  and .  A.  B.         [l.  s.] 

Signed,  sealed  and  delivered  in  presence  of  [Must  be  recorded.] 

2.     Short  Mortgdge    of   Goods,    Tools,  Machinery,  or 
Household  Furniture. 

Know  all  men  by  these  presents.  That  I,  A.  B.,  of , 

in  consideration  of  two  hundred  dollars,  to  me  paid  by  C.  D.  of 

,  do  hereby  sell  and  convey  to  said  C.  D.,  the  following  goods 

and  chattels,  to  wit : —  [or,  if  numerous,  say,  mentioned  in  the 
schedule  hereto  annexed]  ;  —  warranted  free  of  incumbrance,  and 
against  any  adverse  claims. 

To  have  and  to  hold  the  said  premises  to  the  said  C.  D.,his  ex- 
ecutors, administrators,  and  assigns  forever. 

Provided  nevertheless.  That  it  the  said  A.  B.,  his  executors,  &)b 

In  Kentucky,  mortgagoi  must  be  lodged  with  the  clerk  for  record,  berore  they 
have  any  operation,  as  regpecti  creditors. 

In  Ohio,  Mortgages  of  Personal  Propurtv,  or  chattels,  must  be  deposited  with 
the  clerk  uf  the  township  whore  the  mortgagor  resides.  If  not  a  resident,  then 
with  the  clerk  of  the  township  where  the  property  shall  be  atthe  time  ofthe  exe- 
cution of  the  mortgage.  In  all  townships  in  which  the  office  of  the  recorder  of 
the  county  is  kept,  such  mortgage  shall  be  deposited  with  him.  Every  mortgage 
to  filed,  will  be  void  as  against  creditors,  or  subsequent  purchasers,  unless  with- 
in thirty  days  next  preceding  the  expiration  ofthe  term  of  one  year,  a  true  copy 
■hall  he  again  filed  with  the  clerk  or  recorder. 

In  Indiana,  mortgages  must  bo  acknowledged  and  recorded  within  tea  daji 
from  date,  in  the  Recorder's  office. 

In  iUtnoM,  mortgages  must  be  recorded  in  the  Recorder's  office  within  sizmontbi. 

In  n^iscomin,  mortijage  void  unless  recorded. 

In  Louuiana,  all  mortgages  must  be  recorded  with  the  register  of  mortgage*, 
within  six  days  (when  executed  in  N.  Oilcans)  from  the  date,  and  a  day  mote  for 
every  two  leagues  from  the  place  of  execution,  as  to  mortgages  executed  in  other 
parishes. 

In  Michigan,  mortgage  must  be  filed  in  the  office  of  the  clerk  of  the  township 
where  the  mortgagor  resides. 

In  Oeorgia,  mortgage  must  be  recorded  within  three  months, by  the  clerk  ofthe 
Superior  Court,  in  the  town  where  the  mortgagor  resided  at  the  time  oi  ezesation. 


52  CHATTEL   MORTGAGE. 


pay  to  the  said  C.  D.,  his  executors,  &c., dollars,  in from 

date,  with  interest  semi-annually,  then  this  deed,  as  also  a  certain 
note  bearing  even  date  herewith,  given  by  the  said  A.  B.  to  the 
said  C.  D.  to  pay  the  same  sum  and  interest,  and  at  the  times  afore- 
said, shall  both  be  void. 

And  it  is  agreed  that  the  mortgagor,  &c.,  (see  JVo   1  ) 
In  witness  whereof,  I,  the  said  A.  B.,  have  hereunto  set,  &c. 

A.  B.     [L.  s.] 
Mxeeuted  in  presence  of 

[Must  be  recorded.] 


3.  Mortgage  of  Household  Furniture,  Goods,  S^c,  with 
Power  of  Sale.* 

To    ALL    TO    WHOM    THESE     PRESENTS   SHALL     COME,    KNOW 

YE,  That  A.  B.,  of ,  in  the  county  of ,  and  State  of  New 

York,  of  the  first  part,  for  securing  the  payment  of  the  money  here- 
inafter mentioned,  and  in  consideration  ot  the  sum  of dollars,  to 

me  duly  paid  by  C.  D.,  of ,  in  the  county  of ,  and  State  of 

New  York,  of  the  second  part,  the  receipt  whereof  is  hereby  ac- 
knowledged, do  hereby  grant,  bargain,  and  sell,  unto  the  said  party  of 
the  second  part,  all  my ,  and  all  other  goods  and  chattels  men- 
tioned in  the  schedule  hereto  annexed  and,  now  in  the ,  in  the 

town  aforesaid. 

To  have  and  to  hold  all  and  singular  the  goods  and  chattels  above 
bargained  and  sold,  or  intended  so  to  be,  unto  the  said  party  of  the 
second  part,  his  executors,  administrators  and  assigns,  forever. 

And  I,  the  said  party  of  the  first  part,  for  myself,  my  heirs,  exec- 
utors, and  administrators,  all  and  singular  the  said  goods  and  chattels 
above  bargained  and  sold,  unto  the  said  party  of  the  second  part,  his 
heirs,  executors,  administrators,  and  assigns,  against  me,  the  said 
party  of  the  first  part,  and  against  all  and  every  person  or  persons 
whomsoever,  shall  and  will  warrant,  and  for  ever  defend.  Upon 
condition,  that  if  I,  the  said  party  of  the  first  part,  shall  and  do  well 
and  truly  pay  unto  the  said  party  of  the  second  part,  his  executors, 

administrators,  or  assigns,  the  sum  of dollars,  on  the day 

of next,— then  these  presents  shall  be  void. 

And  I,  the  said  party  of  the  first  part,  for  myself,  my  executors, 
administrators,  and  assigns,  do  covenant  and  agree,  to  and  with  the 
said  party  of  the  second  part,  his  executors,  administrators,  and  as- 
signs, that  in  case  default  shall  be  made  in   payment  of  the  said 

*  In  New  York  a  mortgage  containmg  a  power  to  sell  destroys  the  right  to 
redeem  in  the  mortgagor.  But  such  sale  will  not  prejudice  a  judgment,  or  a 
prior  morigage.  Preference  over  any  previous  judgment  is  given  to  a  mort- 
gage for  the  purchase,  made  at  the  time  of  the  conveyance. 

In  the  Slate  of  New  York  the  Amount  Claimed  to  be  Due,  with  the  Copy, 
must  be  filed  within  thirty  days  next  preceding  the  expiration  of  the  year. 

In  default  of  the  payment 'of  the  note  or  debt  specified  in  a  chaiiel  mort- 
gage, the  mortgagee  will  enter  and  take  possession  of  the  properly,  and  sell 
tne  same  at  publio  auction,  (afier  ilie  like  notice  as  is  by  law  required  for  con- 
stables' sales,)  the  goods  and  chattels,  or  so  much  of  them  as  may  be  required 
to  satisfy  his  debt,  interest,  and  reasonable  expenses,  and  will  retain  the  same 
out  of  the  proceeds  of  the  sale,  and  return  the  overplus,  or  residue,  if  any,  to 
the  mortgagor. 


MORTGAGE  TO  SECURE  ENDORSER.  53 

sum  above  mentioned,  then  it  shall  and  may  be  lawful  for,  and  I 
the  said  party  of  the  first  part  do  hereby  authorize  and  empower 
the  said  parly  of  the  second  part,  his  executors,  administrators,  and 
assigns,  with  the  aid  and  assistance  of  any  person  or  persons,  to  en- 
ter Hiy  dwelling-house,  store,  and  other  premises,  and  such  other 
place  or  places  as  the  said  goods  or  chattels  are  or  may  be,  and  take 
and  carry  away  the  said  goods  and  chattels,  and  to  sell  and  dispooeof 
the  same  for  the  best  price  he  can  obtain  ;  and  out  of  the  money 
arising  therefrom,  to  retain  and  pay  the  said  sum  above  mentioned, 
and  all  charges  touching  the  same,  rendering  the  overplus  (if  any) 
unto  me  or  to  my  executors,  administrators,  or  assigns.  And  until 
default  be  made  in  the  payment  of  the  said  sum  of  money,  I  am  to 
remain  and  continue  in  the  quiet  and  peaceable  possession  of  the 
said  goods  and  chattels,  and  the  full  and  free  enjoyment  of  the  same. 
la  witness  whereof,  1,  the  said  party  ol  the  fiisl  part  have  &c. 

A.  B.     (l.  8.) 
Executed  in  presence  of 

[Must  be  recorded.] 

4    Mortgage  of  Personal  Property  to  secure  Endorser. 

This  Indenture  of  two  parts,  made  this  day  of 

A.  D.  one  thousand  eight  hundred  and  fifty ,  by  and  between 

C.  D.,  of ,  of  the  first  part,  and  C.  G.,  of ,  of  the  second 

part,  Witnesseth, 

That  the  said  G.,  at  the  request  of  the  said  D.,  has  agreed  to 
endorse  certain  notes  of  hand  for  his  accommodation,  and  the  said 

D.  has   agreed  to  give  the  said  G.  security  against    any  loss  or 
damage  that  may  befall  him  by  reason  of  such  endorsements. 

Wherefore,  in  pursuance  of  such  engagements,  the  said  C.  D.  in 
consideration  of  the  premises,  hereby  bargains,sells,  assigns,  trans- 
fers and  sets  over  unto  the  said  C.  G.,  all  the  goods,  chattels,  tools, 
machinery  and  effects,  in  the  annexed  schedule  or  bill  of  particulars 
mentioned,  whereof  the  said  D.  does  avouch  himself  to  be  the  true 
and  lawful  owner. 

To  hold  the  said  premises  unto  the  said  G.  and  his  executors, 
administrators  and  assigns. 

Provided  nevertheless,  that  if  the  said  C.  D.,  shall  from  time 
to  time  pay  and  discharge  all  the  promissory  notes  which  the  said 
G.  may  endorse  for  his  accommodation,  as  they  shall  respectively 
become  due  and  payable,  and  shall  finally  secure  and  indemnify 
the  said  G.  and  his  personal  representatives,  from  all  costs  and  dam- 
age, by  reason  or  on  account  of  the  liabilities  that  have  been  or 
may  be  assumed  by  him  in  pursuance  of  the  agreement  aforesaid, 
then  this  instrument  shall  be  null  and  void. 

Provided  also,  and  it  is  hereby  further  agreed,  that  until  default 
by  the  said  D.,  of  or  in  the  payment  of  any  of  the  said  notes,  it  shall 
be  lawful  for  the  said  D.,  to  retain  possession  of  the  said  chattels, 
and  effects,  and  to  use  and  enjoy  the  same  without  any  denial  or 
molestation  by  the  said  G.,  or  bis  representatives. 

And  the  said  G.,  for  himself,  and  his  representatives,  does  hereby 
covenant  to  and  with  the  said  D.,  and  his  representatives,  that  in 
case  of  his  taking  possession  of  the  said  property,  for  a  breach  of  the 
condition  aforesaid,  he  will  advertise  and  sell  the  same  &t  public 

BMA  5* 


54  MORTGAGE   OF  REAL  ESTATE. 

vendue,  to  the  highest  bidder,  and  after  indemnifying  himself  fully 
from  the  proceeds  of  such  sale  for  all  the  liabilities  assumed  by  him 
as  aforesaid,  whether  the  notes  are  then  payable  or  not,  will  account 
for  and  pay  over  the  balance  of  the  said  proceeds  to  the  said  D.,  or 
his  representatives  or  assigns  on  demand. 

In  witness  whereof  the  said  parties  have  set  their  hands  and  seals 
to  this  and  another  instrument  of  like  tenor  and  date. 

C.  D.  (L.  s.) 

C.  G.  (L.  s.) 

Executed  in  preatnee  of 

[Must  be  recorded. — See  Notes,  pages  50,  51.] 

5.  Mortgage  Deed  of  Real  Estate. 

Know  all  men  by  these  presents.  That  I,  A.  B.,  of , 

in  the  county  of ,  and  State  of ,  merchant,  in  consideration 

of dollars,  (o  me  paid  by  C.  D.,  of ,  in  the  county  of 

,  and  State  of physician,  (the  receipt  whereof  is  hereby 

acknowledged,)  do  hereby  give,  grant,  bargain,  sell,  and  convey 
unto  the   said  C.  D.,  his  heirs  and  assigns,    a  certain  parcel  ol 

land  &c.,  situate  in ,  described  and  bounded  as  follows,  to  wit: 

,  with  all  the  privileges  and  appurtenances  thereto  belonging. 

To  have  and  to  hold  the  aforegraiited  premises,  to  the  said  C.  D., 
his  heirs  and  assigns,  to  his  and  their  use  and  behoof  forever. 

And  Ijthe  said  A.  B.,  for  myself,  my  heirs,  executors  and  admin- 
istrators, do  covenant  with  the  said  C.  D.,  his  heirs  and  assigns,  that 
I  am   lawfully  seized  in  fee  simple  of  the  aforegranted  premises, 

that   they  are  Iree  from  all  incumbrances, that  I  have  good 

right  to  sell  and  convey  the  same  to  the  said  C.  D.,  his  heirs  and 
assigns  forever  as  aforesaid;  and  that  I  will,  and  my  heirs,  execu- 
tors and  administrators  shall,  warrant  and  defend  the  same  to  the  said 
C.  D.,  his  heirs  and  assigns  forever,  against  the  lawful  claims  and 
demands  of  all  persons. 

Provided  nevertheless.  That  if  the  said  A.  B.,  his  heirs,  execu- 
tors, or  administrators,  shall  pay  unto  the  said  C.  D.,  his  execu- 
tors, administrators,  or   assigns,  the  sum  of  dollars  in  

years  from  the  day  of  the  date  of  these  presents,  with  interest  on 
said  sum,  at  the  rate  of per  centum  per  annum,  payable  semi- 
annually, [and,  until  such  payment,  keep  thebuildings  standing  on 

theland  of nresaid  insured  against  fire,  in  a  sum  not  less  than 

dollars,  Jor  the  benefit  of  the  said  mortgagee  and  his  executors, 
administrators,  and  assigns,  at  such  insurance  office  in —  as  the 
said  C.  D.  shall  approve,  and  also  pay  all  taxes  levied  or  assessed 
upon  the  said  premises,]  then  this  deed,  as  also  a  certain  promis- 
sory note,*  bearing  even  date  with  these  presents,  signed  by  the  said 
A.  B.,  whereby  for  value  received  he  promises  to  pay  the  said 
C.  D.  or  order,  the  said  sum  and  interest  at  the  times  aforesaid, 
shall  both  be  absolutely  void  to  all  intents  and  purposes. 

And  provided  also,  that,  until  default  of  the  payment  of  the  said 
sum,  or  interest,  or  other  default  as  herein  provided,  the  mortgagee 
shall  have  no  right  to  enter  and  take  possession  of  the  premises. 

In  witness  whereof,  I  the  said  A.  B.,have  hereunto  set  my  hand 

•  If  the  mortgage  be  given  to  secure  the  payment  of  a  bond,  then  say  instead 
•f  "  a  certain  promissory  note,"  "a  certain  obligation  or  bond." 


MORTGAGE  OF  REAL  ESTATE  WITH   POWER  OF  SALE.     55 

and  seal  this day  of ,  in  the  year  of  our  Lord  eighteen  hun- 
dred and  fifty A.  B.      [l.s.J 

Signed,  sealed  and  delivered  inpresence  of 

[Must  be  acknowledged  and  recorded. — See  pp.  5 — ^7.1 
firgrantor  bo  married  there  should  be  release  of  dower.    See  pages  40,  45  &  63.) 

6.  Mortgage  Power  of  Sale. 

[.After  the  close  of  the  fourth  paragraph  in  JVo.  5,  add: — ] 

But  if  default  shall  be  made  in  the  payment  of  the  money  above 
mentioned,  or  the  interest  that  may  grow  due  thereon,  or  of 
any  part  thereof,  then  it  shall  be  lawlul  for  the  said  C.  D.,  his 
executors,  administrators  and  assigns  to  sell  and  dispose  of  said 
real  estate  hereby  conveyed,  at  public  auction;  such  sale  to  be 
upon  the  premises  hereby  granted ;  first  giving  notice  of  the  time 
and  place  of  sale,  by  publishing  the  same  three  weeks  successively 

in  some newspaper, —  printed  in  the  county  of ,  aforesaid : 

And  in  his  or  their  own  names,  or  as  the  attorney  ol  the  said  A.  B., 
for  that  purpose  hereby  duly  authorized,  to  make  and  deliver  to  the 
purchaser  or  purchasers  thereof,  a  good  and  sufficient  deed  or  deeds 
of  conveyance  of  the  same,  in  fee  simple  ;  and  out  of  the  money 
arising  from  such  sale,  to  retain  the  principal  sum  whether  then  or 
thereafter  payable,  and  also  the  interest  which  shall  then  remain 
due  thereon,  together  with  all  costs,  charges  and  expenses  attend- 
ing said  sale;  paying  the  surplus  if  any  there  be  to  the  said  A  B., 
his  heirs,  executors,  administrators  or  assigns ;  and  such  sale,  so  to  be 
made,  shall  be  a  perpetual  bar,  both  in  law  and  equity,  against 
the  said  A  B  ,  his  heirs  and  assigns,  and  all  other  persons  claim- 
ing or  to  claim  the  premises,  or  any  part  thereof,  by^  from,  or  under 
him,  them,  or  any  of  them. 

And  provided  also,  that  until  default,  &c.,  (as  in  JVo.  5.) 

In  witness  whereof,  &c.,  (as  in  JVo.  5.) 

A.  B.    (l.  8.) 
Signed,  sealed  and  delivered  in  presence  of 

[Must  be  acknowledged  and  recorded. —  See  pp.  6 — 7.] 


LAW    OF    MORTGAGE. 

MonrcAGF.  is  a  pledge  of  land,  tenement,  &.C.,  bound  for  money 
borrowed,  to  be  the  lender's  if  the  money  be  not  repaid  at  the  time  stip- 
ulated ;  the  borrower  in  these  bargains  is  called  tlic  mortgagor,  and  the 
lender  the  mortgagee. 

It  has  become  the  practice,  of  late  years,  to  insert  in  a  mortgage  an  ab- 
solutepower  of  sale;  by  which  the  mortgagee,  in  case  of  breach  of  condi- 
tion, is  enabled  to  sell,  and  thus  destroy  the  right  to  redeem  in  the  mort- 
gagor, and  all  claiming  under  him.  This  power  has  lately  been  legal- 
ized by  Statute  in  Massachusetts. 

Rights  of  the  Mortgagor. 

Upon  the  execution  of  a  mortgage,  the  legal  estate  vests  in  the  mort- 
gagee, subject  to  be  defeated  upon  performance  of  the  conditions  of  the 
mortgage.  It  is  usual  to  insert  a  clause  in  the  mortgage,  "  that  until  de- 
fault inpayment  or  in  performance  of  the  conditions  qfthe  mortgage,  it 
shall  be  lawful  for  the  mortgagor  to  retain  possession  of  the  premises." 
If  this  is  not  done,  the  mortgagee  may  take  possession  at  any  time. 


56  RIGHTS  OF  MORTGAGOR  AND  RIGHTS  OP  MORTGAGEE. 

But  although,  as  between  mortgagor  and  mortgagee,  and  so  far  as  it  is 
necessary  to  give  full  effect  to  the  mortgage  as  a  security  for  the  per- 
formance of  the  condition,  a  mortgage  is  considered  an  absolute  conveyance 
in  fee;  yet,  for  all  other  purposes,  it  is  considered,  especially  until  entry  for 
condition  broken,  as  a  mere  charge  or  incumbrance,  which  does  not  alienate 
the  estate  of  the  mortgagor.  The  mortgagor  is  not,  therefore,  liable  for- 
rent  while  he  remains  in  possession ;  and  he  has  the  right  to  lease,  sell, 
make  a  second  mortgage,  and  in  short  to  deal  in  every  respect  with  the 
property  as  owner,  so  long  as  he  does  not  in  any  way  aifect  or  impair  the 
rights  of  the  mortgagee.  So  the  property  may  be  attached  and  taken 
for  the  mortgagor's  debts,  subject  to  the  rights  of  the  mortgagee. 

The  mortgagor,  until  failure  of  payment  of  principal  or  interest,  is  to  pos- 
sess and  enjoy  the  property  mortgaged ;  and  though  failure  be  made,  he  and 
his  representatives  have  a  right  to  redeem  the  mortgage,  which  in  law  is 
termed  the  equity  of  redemption.  In  some  Slates  a  reasonable  period 
is  allowed,  in  which  to  redeem,  or  regain  the  estate,  in  others,  the  lime 
varies  from  one  to  twenty  years  from  the  breach  of  the  condition  of  the 
mortgage.  Redemption  is  effected  by  a  bill  in  equity.  In  this  process,  the 
mutual  accounts  of  the  parties  are  adjusted  ;  payment  of  debt  and  interest 
being  required  on  the  one  side, — and  an  account  of  rents  and  profits  on 
the  other. 

JVot  only  the  mortgagor  himself,  but  his  heirs,  personal  representatives, 
and  assigns,  may  redeem  the  mortgage.  So  also  may  a  tenant  in  dower,  a 
jointress,  a  tenant  by  the  curtesy,  a  remainder  man  and  reversioner,  a 
judgment  creditor,  a  purchaser  of  the  equity  at  an  execution  sale,  a  sec- 
ond mortgagee,  and,  in  short,  every  person  who  has  an  mterest  in  or  lien 
upon  the  land. 

Rights  of  the  Mortgagee. 

In  the  absence  of  any  statute,  or  of  any  agreement  in  the  mortgage,  the 
mortgagee  is  entitled  to  immediate  possession  of  the  mortgaged  property. 
It  is  usual,  however,  to  insert  a  clause  in  the  mortgage,  providing  that  it 
shall  be  lawful  for  the  mortgagor  to  retain  possession  until  breach  of  condi- 
tion; in  which  case,  the  mortgagee  is  not  entitled  to  take  possession,  until 
afler  breach  of  condition. 

The  mortgagee  while  in  possession  of  the  property,  is  bound  to  take 
reasonable  care  of  it,  account  for  the  actual  receipts  of  rents  and  profits, 
and  apply  them  to  the  reduction  of  the  principal  and  interest  due  on  the 
mortgage.  He  is  allowed  for  necessary  expenditures  in  keeping  the  es- 
tate in  repair;  and  in  most  of  the  States,  he  is  entitled  to  a  reasonable 
compensation  for  his  services. 

Redemption  of  Estate. 

Most  of  the  States  regulate,  by  statute,  the  time  within  which  a  mortgaged 
estate  may  be  redeemed  or  foreclosed.  In  Masiochusetts,  Rhode  L-lanet,  and 
Maine,  \\\e  mortgagor  has  three  years  in  which  to  redeem  the  property.  In 
New  York  one  year,  by  paying  the  sum  bid,  with  interest  ou  that  sum  from 
the  time  of  sale  at  the  rate  of  10  per  cent  a  year. 

In  Ohio,  a  mortgagor  has  a  reasonable  period,  fbefore  foreclosure,)  to  re- 
deem the  estate,  upon  the  payment  of  the  debt  and  all  equitable  charges,  &c. 

The  mortgagee  will  not  be  compelled  by  the  court  to  foreclose  the  mortgage; 
but  may,  if  he  choose,  take  a  decree  for  the  sale  of  so  much  of  the  premises  as 
will  pay  the  debt,  whatever  may  he  the  appraised  value  ot  the  premises.  On 
the  other  hand,  if  the  appraised  value  of  the  premises  amounts  to  more  than 
two-thirds  of  the  debt,  the  mortgagee  will  not  be  permitted  to  foreclose  the 
mortgage,  bat  must  have  the  premises  sold.  The  mortgagee  is  entitled  to  a 
decree  of  foreclosure  only,  when  two- thirds  of  the  value  of  the  premises  does 
not  exceed  the  amount  of  the  debt.  Upon  the  sale,  the  land  cannot  be  struck 
off,  except  at  two-thirds  of  its  appraised  value.    5  O.  R.  554. 

After  tne  mortgagor's  money  becomes  due,  the  mortgagee  may  obtain  pos- 
session of  the  premises  by  an  action  of  ejectment.    2  O.  R.  223. 


DISCHARGE   AND  RELEASE    OF    MORTGAGE.  57 

Note. —  In  Ma<issachusetts,n{iot  breach  of  condition  of  a  mortgngo  ufreal 
estate,  the  mortgagee  may  obtain  possession  by  action,  or  make  an  open  and 
peaceaSlo  entry,  which  possession  being  continued  three  years,  the  reilrmptinn  ii 
forever  foreclosed.  The  mortgagor  may  sign  a  certificate  or  memorandum  upon 
the  mortgage  deed,  aclinovv lodging  the  entry  of  the  morlgiigee,  wliich  certificate 
must  bo  recorded  in  the  Registry  >  f  Deeds  within  thirty  days,— or  else,  a  certifi- 
cate of  two  competent  witnesses  to  prove  the  entry,  siiall  be  made  and  sworn  to 
before  a  Justice  of  the  Peace,  and  recorded  as  above. 

Discharge  of  Mortgage. 

In  many  Slates,  mortgages  may  be  discharged  by  the  mortgagee  ac- 
knowledging payment  thereof  by  an  entry  on  the  mortgage,  signed  and 
sealed  in  the  presence  of  one  or  two  witnesses,  (see  number  of  witnesses 
required  in  different  States,  on  pages  6  and  7  of  this  work)  which  entry 
must  be  also  recorded  in  the  margin  of  the  record  in  the  registry  of  deeds, 
or  wherever  the  mortgage  is  recorded. — The  following  Form  of  Discharge 
is  used  in  MassachuselU,  Ohio,  and  several  other  States. 

Discharge  of  Mortgage  to  be  entered  on  the  Record. 

B ,  May  1,  1852.  —  I  acknowledge  to  have   received  full 

satisfaction  for  the  debt  secured  by  this  mortgage,  and  do  therefore 
hereby  cancel  and  discharge  the  same.  C.  D. 

The  Mortgage  can  also  be  discharged  by  the  followiug  Deed  of  Releasei 
Quit  Claim  Deed,  Releasing  Mortgaged  Premises. 

[To  be  acknowledged  and  recorded.] 

Know  all  men  by  these  presents.  That  I,*  A.  B.,  the 
mortgagee  named  in  a  certain  mortgage  deed  given  by  C.  D.  to 

A.  B.,  to  secure  the  payment  of dollars;  dated ,  recorded 

in Registry  of  Deeds,  Lib.  —  Fol  — ,  in  consideration  of 

dollars,  to  me  paid  by  C.  D.,  the  mortgagor,  do  hereby  release,  and 
forever  quit  claim  to  the  said  C.  D.,  his  heirs  and  assigns,  all  my 
claim  and  title  in  and  to  the  mortaraged  estate  therein  mentioned. 

Witness  my  hand  and  seal,  this day  of ,  eighteen  hun- 
dred and . 

A.  B.      (l.  8.) 
EiecuUd  and  delivered  in  presence  of 


*  If  discharged  by  the  assignee,  say,  "  E.  F.,  assignee  of; "  \{  personal  prop- 
erty, instead  of"  Registry  of  Deeds,^^  say  "  Town  Clerk's  Office." 


Satisfaction  of  Mortgage  in  New  York,  to  be  signed  by 
the  Mortgagee  and  presented  to  the  Officer. 

I,  A.  B  ,  of  the  town  of ,  and  county  of ,  do  hereby 

certify.  That  a  certain  mortgage,  bearing  date  the day  of , 

in  the  year ,  made  and  executed  by  C.  D.  to  me,  A.  B.,  and 

recorded  in  the  office  of  the  Clerk  of  the  county  of ,  in  Lib.  —  of 

Mortgages,  upon  page ,  on  the r-  day  of ,  in  the  year 

,  is  paid,  satisfied,  and  discharged.   Dated  the day  of 

185-.  A.  B. 

In  preaenee  of 

[Should  be  acknowledged  and  Recorded.] 


58  NOTES. 

NOTES,    DUE    BILLS,   RECEIPTS,   ORDERS,   &c. 

Judgment  Note. 
$ B ,  July  1,185-. 

Sixty  days  after  date,  I  promise  to  pay  C.  D.  or  bearer.  Three 
Hundred  and  Ten  Dollars,  value  received.  And  in  case  of  default 
of  payment  of  the  same  when  due,  I  hereby  empower  C.  D.  or  any 
attorney  appointed  by  him,  to  appear  for  me,  and  to  confess  judg- 
ment bejore  any  Court  of  competent  jurisdiction  in  the  State  of 

*  for  the  above  sum  and  costs,  with  release  of  errors,  waiving 

the  right  of  appeal. 

Witness  my  hand  and  seal,  this day  of ,  A.  D.,  1855. 

Jn presence  of  A.  B.  [l.  S.] 

*  The  words,  "  before  any  justice  ofihe  peace^^  can  be  substituted  for  the  above 
expression  in  italics,  where  the  statute  admits  of  it.     See  below. 

Any  person  who  is  by  law  capable  of  binding  himself  by  a  common  bond, 
may  enter  into  a  recognizance,  (that  is,  make  an  acknowledgment,  or  con- 
fession) of  any  debt,  and  thereby  subject  his  person,  goods,  and  estate  to  be 
taken  for  such  debt.  —  An  agent  has  precisely  the  power  of  bis  principal,  in 
all  things  prescribed  by  the  power  of  attorney. 

In  Massachusetts  the  Statute  requires  that  an  acknowledgment  of  debt  be 
taken  before  the  Court  of  Common  Pleas  in  term  time,  or  before  the  Clerk  of 
the  Court  during  vacation,  or  before  any  Justice  of  the  Peace  with  like  effect, 
if  the  execution  is  not  to  be  levied  on  land  If  the  execution  is  to  be  levied  on 
land  the  ncknowledgment  must  be  recorded  with  the  Clerk  of  the  Court  within 
ninety  days  of  the  date.  The  person  making  the  acknowledgment  must  be 
known  to  the  judge,  clerk,  or  justice,  or  his  identity  proved.  Fees  of  the  Clerk 
for  acknowledging  and  recording  50  cents,  for  recording  only,  25. 

In  New  YbrA,  a  confession  of  judgment  may  be  given  as  security  for  an  exist- 
ing debt  or  for  future  advances,  or  to  secure  an  endorser.  The  acknowledg- 
ment must  be  sworn  to  before  a  Justice  of  the  Peace,  and  filed  with  the  coun- 
ty clerk,  who  will  enter  a  judgment  of  the  Supreme  Court  for  the  amount. 

In  Pennsylvania,  judgment  may  be  confessed  without  the  filing  of  a  decla- 
ration, the  prothonotary  being  empowered  to  enter  judgment  on  trie  presenta- 
tion of  a  bond,  bill,  or  note  containing  a  power  of  attorney. — In  this  Slate  the 
vroTds'^  without  defalcation'''  are  required  in  notes;  and  the  residences  of  the 
promisor  and  endorsers. 

A  confession  of  judgment  prevents  the  expenses  and  delays  growing  out  of  an 
action  at  law  ;  and  if  goods  are  levied  on,  they  may  probably  be  held  by  the 
creditor,  though  the  deutor  subsequently  avail  himself  of  the  insolvent  law. 

The  above  form  of  note  prevails  extensively  in  some  of  the  Southern  and 
Western  States,  where  g^eat  delay  and  expense  occurs  in  obtaining  j  udgment. 


NEGOTIABLE     NOTE. 

B ,  March  — ,  18 — .    For  value  received  I  promise  to  pay  A- 

B.,or  order, dollars  in  — months  [or  days]. 

S C.  D. 

No. Due 

Joint  and  several  Note. 

g D ,  April— ,18    . 

months  [or days]  afterdate,  we  jointly  and  severally  promise 

to  pay  G.  H.,or  order, dollars,  value  received. 

A.  B. 
0.  D. 
Note — with  Witness. 

S E ,Mat— ,  18— . 

For  value  received  1  promise  to  pay  A.  B.,  or  order, dollars,  in 

— —  months  [or  days]  from  dale,  with  interest,  at  the  rate  of 
per  centum  per  annum. 
In  presence  of  A.  B. 


FOREIGN    AND   INLAND   filLLS.      ..  59 

Note  on  demand — with  Interest. 

8 F ,JlKE— ,  18— . 

For  value  received  I  promise  topay  A.  B.,  or  order, -—^dollars  on 
demand,  wiih  interest,  CD. 

Notes  — A  negotiable  note  taken  in  payment  of  a  debt  is  a  discharge  of 
the  debt.  Tu  bo  negotiable,  it  must  be  miiile  piiyable  to  payee  or  order,  ut  10 
bearer.  If  muilc  piiyable  to  fleveral  persons,  nut  co-partners,  it  must  be  en- 
dorsed by  each  person.  A  nolo  may  be  emlorsed  so  as  to  preclude  all  recourse  to 
the  endorser,  a-*  follows  :  B.  B.  rjoithout  recourse.  Any  person  miiy  be  au- 
thorized to  make  a  demand  for  payment,  (t  the  maker  of  a  note  be  absent, 
the  demand  may  be  pres'Miied  lohis  agenl.  or  lei  tat  his  place  of  business,  oi  house. 
If  lin  is  absent  from  the  Hlato,  and  has  lefl  no  agent,  and  no  known  place  of 
business,  and  cannot, by  diligent  inquiry  be  found,  notice  need  not  be  proved 
All  notes  on  lime  are  allowed  three  days  grace,  (if  a  note  is  made  payable  ihre* 
months  from  Jan.  I,  it  is  due  April  4th,)  and  if  not  paid  before  the  expimtion 
of  thHt  time,  the  endorsers,  if  they  reside  in  the  vicinity,  must  be  immediately 
notilied  of  the  fact,  hut  if  they  reside  at  a  distance,  the  notification  may  be  sent 
by  the  quickest  mode  of  conveyance,  or  the  earliest  post,  or  the  endorsers  will 
not  be  held  liable.  If  a  letter  be  sent  to  the  endorser  by  post,  and  it  miscntry, 
and  the  endorser  not  receive  it,  still  the  notice  is  sufficient.  Every  person  receiv- 
ing notice  should  immediately  give  a  fresh  one  to  the  persons  preceding  him, 
ifho  wishes  to  make  them  liiible. 

Each  endorser  becomes  liable  to  all  subsequent  holders.  If  the  note  bo  paid 
and  taken  U|)bythe  last  endorser,  ho  may  again  transfer  it  to  a  new  onilor^ee, 
who  may  maintain  an  action  upon  it  in  his  own  name  against  any  prior  parly. 
But  if  paid  by  any  other  endorser  than  the  lust,  the  nolo  is  no  longer  negotiable. 

No  particular  form  nf  words  are  essential  to  he  used  in  the  nonce,  which  may 
be  verb  1 1  ;  but  it  must  contain  au  intimutioD  that  payment  of  the  note  has  been 
refused  by  the  maker. 

Notes  on  demand.  In  Massachusetts  a  demand  for  payment  must  be  made 
within  sixty  days,  without  grace,  and  if  not  paid,  tho  endorser  must  be  immedi- 
ately notified,  orlhe  holder  of  the  note  loses  his  claim  on  the  endorser.  In  other 
■tatcM  a  demand  for  payment  must  be  made  within  a  reasimablo  time,  in  order 
to  subject  the  endorser.  To  hold  the  endorser  he  should  have  received  notice 
immediately  after  demand,  and  refusal  of  payment. 

■   n  • 

FORM   OF   AN   ORDINART   INLAND    BILL  EXCHANGE,  OR   CRAFT. 

5 B ,  Nov.  — ,  18—. 

Three  months*  afterdate,  pay  to  the  order  of  G.  W.,  One  Hundred 
Dollars,  value  received,  and  charge  the  same  to  our  account. 
To  E.  F.  Merchant,  N.  Y.  C.  D.  it  Co. 

FORM    OF    A    FOREIGN    BILL,  UR   SET    OF    KXCBAHGEi 

D ,  May  — ,  18—. 


Sixty  days*  after  si^ht  of  this  Fi  rst  of  Exrhanpe,  (Second  and  Third 
of  the  same  tenor  and  dale,  not  paid.)  pay  to  the  order  of  (?.  D.  &  Co.,  in 

Liverpool,  the  sum  of Dollars,  value  received,  and  charge  the  same 

to  account  of 

To  Mr.  E.  F.  of  C .  A.  B. 

The  various  parties  upon  a  bill,  besides  the  acceptor,  indorsers,  drawers, 
and  others,  become  liable  for  its  payment  on  failure  of  the  acceptor.  The 
acceptor's  failure  to  pay  is  commonly  said  to  he  an  act  of  dishonour.  If  the 
drawee  refuse  acceptance,  this  likewise  is  dishonour,  and  is  held  to  he  such 
a  prospective  refusal  of  pavment  as  entitles  the  holder  to  clHini  immediafely 
from  the  drawer,  or,  if  there  he  an  indorser,  on  that  indorser.  who  has  re- 
course on  the  drawer  ;  bnt  to  entitle  him  thus  to  recur  on  the  original  parties, 
there  are  obligations  on  the  holder,  without  performing  which  he  is  held  not 

*  This  admits  of  the  following  variations,  according  to  circumstances; — In- 
stead of  "three  months,"  or  "sixty  days,"  it  may  be  "atsieht,"  or  at  such  a 
time  "after  sight,"  or  at  such  a  specified  time,  or  on  "  demand  " 


60  RECEIPTS,   ORDEKS,    DUE   BILLS,   &C. 

to  have  duly  negotiated.  He  must  present  the  bill  for  acceptance  and  for  pay- 
ment on  the  proper  occasion.  The  holder  musi,  where  a  hill  is  payable  wilhis 
a  cortuiii  period  after  sighl,  present  it  for  acceptance  within  a  reasonable  time. 
Thedrawee  may  reiaiii  ilie  bill  iweniyfour  hours,  after  which  time  if  he  refuse 
to  return  it,  i>r  lias  destroyed  it,  he  shall  be  deemed  to  have  accepted  it. 
The  holder  must  give  immediate  notice  of  the  non-acceptance  or  non-payment 
of  the  bill  lo  the  drawer,  and  to  every  person  who  would  be  eiiliiled  to 
bring  an  action  on  it  after  paying  it.  If  he  fail  to  do  this,  such  parties  are 
discharged.     He  should  also  in  most  cases  protest  it. 

A  Check  is  a  written  order,  and  it  is  the  duty  of  the  person  receiving  it, 
whether  from  the  drawer  or  an  indorser,  to  present  it  for  payment  on  the  day 
on  which  he  receives  it,  if  il  come  to  his  hands  early  in  the  day,  and  otherwise 
on  the  day  following  ;  if  he  be  at  a  distance,  he  should  despatch  it  within  the 
same  time,  if  ihe  Post  Office  arrangements  admit  of  his  doing  so,  otherwise  the 
holder  may  not  (in  case  of  the  Bank  becoming  insolveni)  recover  of  the  drawer. 
Legal  rules  on  these  points  cannot,  howtver,  be  strictly  laid  down,  and  the 
above  statements  must  be  held  as  of  a  merely  precauiiouury  uature. 


RECEIPT. 

G ,  July — ,18 — .    Received  of  A.  B. dollars,  in  full  of 

all  demands.  C.  D. 

Receipt  for  Money  received  of  a  third  Person. 

H ,  Aug.  — ,  18—,    Received  of  A.  B.,  by  the  hand  of  C.  D., 

'  dollars,  on  account. 

S E.  F. 

Receipt  for  Interest  due  on  a  Bond. 
B ,Sept.— .  18— .     Received  of  W.  R.,  the  sum  of dol- 
lars, in  full  for  one  year's  interest  of dollars   due  to  me  the 

day  of last,  on  bond  by  the  said  W.  R.,  which  sum  is  endorsed 

[or,  shall  be]  on  said  bond. 

S E.  W. 

Receiptfor  Money  due  on  a  Bond. 
B ,— Nov.  18— .     Received  of  A.  B.,  the  sum   of dol- 
lars, due  to  me  the day  of last,  on  bond  by  the  said  A.  B., 

lo  be  endorsed  thereon. 

S C.  D. 

BORROWED  HONEY  DUE  BILLS,  OR  MEMORANDUM  CHECK. 

S I ,  Sept.  — ,18- 

Borrowed  and  received  of  A.  B., dollars,  which  I  promise  to 

pay  on  demand  with  interest.  U.  o. 

Due  BiU. 

Due,  on  demand,  to  A.  B.,  or  bearer,  for  dollars,  [to  be  paid 

in  merchandize,]  value  received. 

M ,  Oct.  — ,  18—,  N.  o. 


ORDER. 

Mr.  A.  B,  will  please  pay  to  X.  Y.  or  bearer, dollars  [in  mer- 
chandize,] and  charge  the  same  to  account 

M , Oct.— ,18—  N.  O. 

Note. — For  further  information  in  relation  to  Nntrs  and  Bills  of  Exchange, 
k.c.,  and  Damages  on  Protested  BULt.  and  n  great  variety  of  Laws  in  connec- 
tion with  7Vo7e,  —  S^e"  Trader''s  Guide,  and  Business  Man'*  Legal  Compan- 
ion —  a  l>ook  which  should  be  in  the  hands  of  every  man  who  transacts  any 
kind  of  business. 


POWERS    OF   ATTORNEY.  61 

POWERS    OF    ATTORNEY.* 
General  Form  of  Letter  of  Attorney. 

Know  all  men  bv  these  presents,  That  I,  A.  B.,  of , 

county  of ,  and  state  ol  ,  do  hereby  make,  constitute  and 

appoint  C.  D.,  of ,  my  true  and  lawful  attorney,  for  me,  and  in 

my  name,  tof  [here  follows  the  purpose  of  the  powers,  as  Jully  set 
forth  as  is  requisite,]  hereby  ratifying  and  contirming  whatsoever 
my  said  attorney  shall  lawfully  do,  or  cause  to  be  done  in  the 
premises. 

Witness  my  hand  and  seal,  this  —  day  of — ,  A.  D.  18 — . 

A.    B.    [L.    8.] 
Executed  in  presence  of 

Power  of  Attorney  to  Sell  Stock. 

Know  all  men  by  these  presents.  That  for  value  receiv- 
ed,   1,  A.    B.,  of ,  do  hereby   make,   constitute,  and   appoint 

irrevocably,  C.  D  ,  my  true  and  lawful  attorney,  with  power  of 
substitution,  for  me  and  in  my  name,  to  sell,  as!<ign,  and  transfer, 
unto  any  person  or  persons  whatsoever,  sixteen  shares  now  stand- 
ing in  my  name,  in  the  Capital  or  Joint  Stock  of  the Railroad. 

And  my  said  attorney  is  hereby  fully  empowered  to  make  and  pass 
all  necessary  acts  for  the  said  assignment  and  transfer. 

VVitness  myhand  and  seal,  &c.  A.  B.     [l.s.] 

Executed  in  presence  of 

Substitution. 

For  value  received,  I  appoint  irrevocably,  E.  F.  as  my  substi- 
tute, with  all  the  powers  above  given  to  C.  D. 

Witness  my  hand  and  seal,  &c.  C.  D.     [l.  «.] 

Executed  in  presence  of 

'1.  If  a  Idler  of  Attorney  is  lo  be  used  in  nnniher  Stale  tlian  that  where 
the  priiifiniil  re:$iUes,  It  slmulij  he  uckiiowleO^ed  l)efo''e  u  Judge  of  a  Court  or 
Justice  of  Pe:tre.     If  in  a  foreiirii  couiilrj-,  before  n  Noiary  I'ublio. 

'i.  A  priiiripiil  is  Ixiund  by  every  act  of  his  agent  ur  Atluniey  done  within 
the  scope  of  the  tiuthoriiy  ^iven  him. 

3.  Powers  of  Aiioniey  are  taken  lo  be  in  force  till  notice  of  revocation,  or 
the  detiih  of  ilie  pnrty  givin);  the  iiiime. 

4.  A  married  w<iman  m:iy  lawfully  prt  as  her  husband's  attorney,  if  dnljr 
empowered  by  a  letter  of  attorney  (rom  him. 

5.  Where  a  coMveyiince  i*  n.ade  by  an  utlorncy,  he  shnnlil  grant  il  in  the 
nnme  of  the  principal,  mid  put  the  priiicipni's  name,  and  seal  to  the  deed,  and 
acknowledge  it  before  the  magistrate  to  be  the  deed  ol  the  principul. 

t  //"  the  Piiwer  is  given  to  roUect  Dfbt»,  say  f"  ask,  demand,  sue  for,  col- 
lect, and  receive,  all  such  sum  and  sums  of  moiu-y,  del)ts,  rents,  duex.  uc- 
count!',  nnd  other  demiinds  whatsoever ;  which  are  or  shnll  be  due,  owing, 
paynlile  and  lieloiiging  to  me,  or  delnined   fnmi  me,  in  any  manner  wlinlso- 

ever,  by  C.  C,  ol  ,  county  of ,  stale  of ,  his  heirs,  executors,  niid 

adiniiiisinitors,  or  any  of  iliem  ;  (or  by  any  person  or  persons  residing  ur  Iwing 
in  the  state  of ;)  "] 

If  the    Power  reUites  to    Insurnnee,    say  ["  effect  insurance  on  ,  witk 

the Fire  [or,  Murine]  (iiiiuriince  Company,  in  ,  on  such  terms  as  he 

•hull  deem  fit .  and  I  hereby  empower  him  lo  sign  any  nppliciilion  for  sai4 
Iiisiirnnce,  reprc^entniion  of  the  condition  and  value  of  said  property,  anictes 
of  Hjrreeineiit,  pronii'«sory  note — ,  and  all  other  papers  that  may  be  necessary 
for  that  piirpn^ie;  and  als<i  to  cancel  and  surrender  any  policy  he  may  olanin, 
and  on  such  caticellingj  or  the  expiration  thereof,  to  receive  any  dividend,  re- 
turn premium  or  deposit  that  may  be  4ne,  and  on  <uch  receipt  full  dudwrxe  to 
give  therefor,"]  '     '  •.  i-.'C?;  ■     / 

BMA  6    ''■•'•■'*^""  ^'^ '' ''3''"*'-' •■""•"•^'■'^  •'   '   ■' '   '         ■' ' 


62  POWERS    OF   ATTORNEY. 

Power  of  Attorney  to  Sell  and  Lease  Lands. 

Know  all  men  by  these  presents,  That  I.  A.  B.,  of  the 

county  of and    State   of ,   have    made,   constituted    and 

appointed,  and  by  these  presents  do  malce,  constitute  and  appoint 

C.  D.,  of  the  county  of and  State  of ,  {or  State  aforesaid,] 

my  true  and  lawful  attorney,  for  me  and  in  my  name,  lo  [grant, 
bareain,  sell  and  convey,  to  any  person  or  persons,  who  may 

destre  to  purchase  the  same,  the quarter  of  section  number 

,  in    township    number north    of    the    base    line,  in 

range   number east  of  the principal  meridian  in  the 

State  of ,]  and  for  me  and  in  my  name  to  make,  execute, 

acknowledge,  and  deliver,  good  and  sufficient  deeds  and  convey- 
ances for  the  same,  either  with  or  without  covetiants  and  war- 
ranty ;*  giving  and  grantintj  to  my  said  attorney  full  power  and 
authority  to  do  all  acts  necessary  and  proper  to  be  done  in  the 
premises,  in  as  full  and  ample  a  manner,  as  I  might  or  could  do,  it 
personally  present.  And  1  do  hereby  ratify  and  conBrm  all  the 
acts  of  my  s?id  attorney  lawfully  done  in  the  premises. 

Witness  my  hand  &c.  A.  B.     (l.  s.) 

Executed  in  presence  of  (To  l>e  acknowlfd»cd.] 

Power  to  receive  Dividends. 
Please  pay  A.  B.  all  dividends  due  on  all  Shares  in  your  Corpo- 
ration standing  in  my  nHme. 

To  Cashier  of Bank.  C.  D. 

B ,  Jan.  I,  185—. 

By  uiseniiig  afier  ihe  word  "due'"  in  Ihe  above,  the  words  "or(o6<com< 
4ue,"  the  Order  becomes  a  siaiidiiig  uiie. 

If  10  Railroad,  direct  "  To  Treasurer  of  B Railroad." 

Revocation  of  a  Power  of  Attormy  t 

Enow  all  men  by  these  presents,  That  I,  A.  B.,  of  &c., 

in  and  by  my  letter  of  attorney,  bearing  date  the day  ot  — — 

in  the  year  one  thousand  eight  hundred  and ,  did  make,  consti- 
tute, and  appoint  C.  D.,  of,  &c  ,  my  true  and  lawful  attorney,  for 
me,  and  in  my  name,  to  &c.,  [here  copy  the langunge  of  the  Utter 
of  attorney,}  as  by  the  said  letter  will  more  fully  appear:  Now, 
Icnow  ye,  that  l,the  said  A.  B.,  have  revoked,  coiinierm>inded, 
annulled,  and  made  void,  and  by  these  presents  do  revoke,  counter- 
mand, annul,  and  make  void,  the  said  letter  of  attorney,  and  all 
power  and  authority  thereby  given,  or  intended  to  be  given,  to  the 
said  C.  D. 

In  witness  whereof,  I  have  &c.  A.  B.     (l.s.) 

Sxeeuted  in  presence  of 

*  1/ the  land  I  i  to  belea»ed,  ttiy ,["  KnA  until  the  sale  Ihercor  to  hisn,senland  inter- 
ehangc  to,  anil  with  any  (terKO'  ith  whom  mid  C  I),  iiiuy  coiitruct,  and  for  und 
a|H>n  such  terms  ai<  said  C.  L  -^h  '  iigrce,  lessen  of  the  whole  or  any  jiHit  ofth* 
albresiiiil  hind:  hereby  au<  hurl": -ig  my  said  atiorney  to  receive  the  rent.«,  wliicb 
may  liceoine  due  on  said  letises,  and  to  receipt  for  the  same  in  my  name,  he  ac- 
counting to  nie  iherelbr;'' 

t  A  Power  of  Attorney  is  revocable  at  pleasure,  nnd  all  persons  interested 
should  have  notire  of  llie  revocation.  But  if  the  uuthorily  i:i  coujiled  with  aii 
interest  it  is  not  revocable,  though  it  be  not  su  stated  in  the  letter. 


RELEASES.  63 

RELEASES. 
Release  of  a  Legacy.  <        '  '<   » 

Know  ai^l  mkn  by  these  presents,  That,  I,  C.  B.,  of , 

do  hereby  acknowledge  to  have  received  of  E.  F.  of ,  executor 

of  the  will  of  A.  B.,late  of — ,  deceased,  —  dollars,  in  full  satisfaction 
of  a  legacy  given  and  bequeathed  to  nje  by  the  said  A.  B.,  by  his 
said  will,  bearing  date  the  —  day  of — ,  A.  D.  1852,  and  therefore 
I  do,  by  these  presents,  release  and  forever  discharge  the  said 
E.  F.  from  all  legacies,  dues, duties  and  demands  whatsoever,  which 
I,  my  executors  or  administrators,  may  have,  claim,  or  demand  of,  or 
against  the  said  E.  F.,  his  executors  and  administrators,  by  virtue 
efsaid  last  will  and  testament. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
—  day  of — ,  one  thousand  eight  hundred  and  — .     A.  B.     [l.  s.] 

Exetuted  atid  delivered  in  presence  of 

Deed  of  Release  of  Dower. 

Know  all  men  by  these  presents.  That  I,  A.  B.  of- , 

in  consideration  of dollars  to  me  paid  by  C.  D.  of ,  do  here- 
by release  and  forever  qtiit-claim  to  the  said  C.  D.,  his  heirs  and 
as^Hgns,  all  my  right  of  dower  in  and  to  the  following  described  real 
estate,  situate  in  [here  describe  the  estate^l  [of  which  my  late  hus- 
band £.  B.  was  heretofore  seized].  To  have  and  to  hold  the  same 
to  the  said  C.  D.,  his  heirs  and  assigns  forever. 

In  witness  whereof,  I  have  hereunto  &c.        A.  B.         [l.  s.] 
Executed  and  delivered  in  presence  of 

[Should  be  acknowledged  and  recorded.] 

Release  of  Dower  to  be  endorsed  on  Deed. 

In  consideration  of dc^lars,  to  me  paid  by  the  within 

named  C.  D.,  I,  A.  B.,  wife  of  the  within  named  E.  B.,  do  hereby 
release  and  quit-claim  to  the  said  C.  D.,  his  heirs  and  assigns,  all 
my  right  of  dower  in  the  within  described  premises. 

In  wiiness  whereof,  I  have  hereunto  set  &.c.       A.  B.     [l.  b.] 

Etecated  and  delivered  in  presence  of 

[Should  be  acknowi«dgod.] 


Release  of  all  Demands. 

Know  all  men  by  these  presents.  That  I,  A.  B.,  of , 

in  the  county  of ,  in  consideration  of  the  sum  of  —  dollars  to 

me  paid  by  C.  D.,of ,  in  the  county  of ,  the  receipt  whereof 

I  acknowledge,  do  hereby,  for  myself,  my  heirs,  executors,  admin- 
istrators, and  assigns,  remise,  release,  and  forever  discharge  the 
said  CD.,  his  heirs,  executors,  and  administrators,  of  and  from  all 
debts,  demands,  actions  and  cau^^es  of  action,  which  I  now  have,  ia 
law  or  equity,  or  which  may  result  from  the  existing  state  of  thinga^ 
from  any  and  all  contracts,  liabilities,  doings  and  omissions,  from 
the  beginning  of  the  world  to  this  day. 

In  witness  whereof,  I  have  hereunto  setroy  hand  and  seal,  &c., 

A.  B.      [L.  8.] 

SxeeuUd  in  presence  of 


64  PROXY.       PETITIONS.       REMARKS   ON    WILLS. 

PROXY    TO    VOTE    FOR    DIRECTORS. 

Be  it  known,  that  I,  A,  B.,  of do  appoint  C.J).,  of — ;— , 

to  be  my  proxy,  for  me  and  in  my  name,  to  vote  at  any  election 
of  directors  [or  trustees,  &c.,]  of  the  [describe  the  Company  or 
Society  by  its  corporate  title]  and  all  other  matters  which  at  any 
rejiular  meeting  of  the  stockholders  may  properly  come  before  them. 

Witness  my  hand  and  seal,    this day  of ,  A.  D.  one 

thousand  eight  hundred  and . 

^  A.  B.    ,    [L.S.] 

Signed  in  presence  oj  

I  HEADINGS   OF   PKTITIONS. 

To    THE   Legislature. 
To  the  BoDu—ble  the  General  Assembly  of  the  State  of  M.  [or  the  General  Court  of  M.J 
the  petition  of  A.  A.,of  &c.,  respectfully  showeth.  That  your  petitioner,  &c. 
To   EITREB   Branch   or   thk   Leoisi.aturk. 
To  the  Honorable  the  Senate,  [or  to  the  Honorable  the  House  of  Kepresentatires]  of  the 
State  of  M.,  the  petition  of  A.  A.,  of  &c..  respectfully  shewcth,  That,4tc. 
To  THB   Authorities  of'  a  City. 
To  the  Honorable  the  Mayor,  Aldermen,  and  t'ommon  Council,  of  the  city  of  B.,  the 
petition  of  A.  A.,  respectfully  shewcth.  That,  &c. 

To   THE   Sklkctmkm    of  a   Towx. 
To  the  Honorable  the  Selectmen  of  the  town  of  C,  the  jretition,  &c. 

DIRECTIONS     FOR    MAKING    A    WILL. 

WHO  MAY  MAKE  A  WILL.  All  persons  of  sound  mind,  except  infants  and 
married  women,  may  dispose  of  their  keal  property  by  will.  A  married  woman  may 
do  so  with  the  assent  of  her  husband  ;  and  if  she  possess  a  deed  of  settlement  of  her 
estate,  prior  to  her  marriage,  she  may  retain  this  power  and  execute  it  afcr  marriage.  In 
■ome  States  she  may  dispose  of  property  by  will,  which  has  been  left  to  her  sole  use  be- 
yond the  control  of  her  husband.  Personal  Property  may  be  disposed  of  by  will, 
by  a  male  infant  of  fourteen,  and  a  female  of  t\»clve.  In  New  York  the  ages  arc  eighteen 
■nd  sixteen.  A  married  woman  may  dispose  of  personal  property  with  the  assent  of  her 
husband.  Persons  bereft  of  their  faculties  by  old  age,  or  other  causes,  are  iacompetent  to 
make  a  will. 

A  person  making  a  will  should  be  careful  to  give  his  christian  and  surname,  his  place 
of  abode,  trade,  uc.    legatees  should  also  l>e  properly  described. 

THE  NATURE  AND  EXECUTION  OF  WILLS.  Wills  are  of  two  kinds,  writtkw 
and  UNWRITTEN.  The  latter  have  now  become  very  unusual,  being  liable  to  grcut  im- 
position. In  some  States,  as  in  Massachasctts  and  New  York,  an  unwritten  will,  be- 
queathing personal  estate,  is  only  valid  when  made  by  a  soldier  in  actual  service,  or  by  a 
mariner  while  at  sea. 

A  will  of  any  kind  of  property  must  be  in  writing. 

The  will,  or  codicil,  should  be  signed  at  the  foot  or  end  thereof  by  the  testator.'  If  h« 
does  not  sign,  it  must  be  signed  by  some  person  in  his  presence,  and  by  his  direction. 

The  signature  must  be  made,  or  acknowledged,  by  the  testator,  in  the  presence  of 
witnesses  present  at  the  same  time. 

In  Massachusetts,  New  Hampshire,  Maine,  Rhode  Island,  Connecticut,  New  Jersey, 
Pennsylvania,  Maryland,  South  Carolina,  Georgia,  and  all  the  other  States,  the  attesttition 
is  good  if  si$:ncd  by  three  witnesses.  In  Delaware,  Virginia,  Ohio,  Illinois,  Indiana, 
Missouri,  Tennessee,  North  Carolina,  two  witnesses  only  arc  required.  In  New  York, 
two  are  necessary,  who  must  write  opposite  their  names  their  place  of  residence,  —  penal- 
ty for  neglect  gSO. 

Lastly,  the  lboal  number  of  witnesses  must  attest  and  subscribe  the  will,  or  codicil, 
in  the  presence  of  the  testator,  and  attest  that  the  will  was  signed,  or  his  siguaturc  ao- 
knowledged  by  the  testator,  in  their  presence. 

WITNESSES  TO  A  WILL.  They  should  not  be  persons  who,  on  account  of  having 
been  convicted  of  any  Infamous  crime,  are  dl8<{uallficd  from  giving  evidtnce  in  a  court  of 
justice.  Nor  should  they  be  Ic-jnitees  under  the  will,  or  codicil ;  nor  any  way  Interested  In 
making  t)ie  will.  They  should  also  be  persons  ofsufHcicnt  intelligence  nnd  understand- 
ing. Legacies  to  an  attesting  witness,  or  his  wife,  or  her  husband,  are  void.  But  creditor! 
Mid  executors  can  be  attesting  witnesses.  Alterations  in  wills  must  be  made  in  the  same 
way  as  a  will  is  made,  that  is,  the  will  must  be  again  witnessed  and  signed. 

CODICIL.  A  codicil  is  a  supplement  or  addition  made  to  a  will  by  the  testator,  adding 
to,  explaining,  or  altering  some  part  of  his  former  disposition.  It  may  be  written  on  the 
■•me  paper,  or  affixed  to  and  (bided  up  with  the  will ;  or  it  may  be  written  on  a  different 
paper,  and  deposited  in  a  dltferent  place. 

in  general,  the  law  relating  to  a  codicil  is  the  same  as  that  relating  to  wills,  and  the  VOct 
(oaiantees  of.  slgaature  and  attestation  arc  required. 


WILL.  66 


Thongh  a  man  can  properly  make  onlj  one  will,  he  may  make  as  many  codicils  as  he 
pleases,  and  the  first  is  equally  valid  with  the  last,  if  not  contradictory. 

LEGACT.  A  Legacy  is  a  bequest,  or  gift  of  monej,  goods,  or  chattels,  by  will ;  the 
person  to  whom  it  is  given  is  called  the  legatee ;  and  if  the  gift  is  of  the  residue  of  an 
estate,  after  the  payment  of  debts  and  other  legacies,  he  is  called  the  residuary  legatee. 

Incase  ofadeflciency  of  assets  to  pay  the  debts,  all  the  general  legacies  must  abate  pro- 
portionally.   So,  if  the  legatees  have  been  paid,  they  are  bound  to  refund  a  rateable  part. 

General  conditions  imposed  on  legatees  not  to  marry,  are  void,  as  immoral,  by  tending 
to  prevent  the  multiplication  of  the  species. 

REVOCATION  OF  A  AVILL.  A  will  may  be  revoked  at  the  pleasure  of  the  testator. 
He  may  burn,  tear,  cancel,  or  obliterate  it,  but  an  obliteration  of  a  part  is  a  revocation  of 
only  that  part.  Marriage  and  the  birth  of  a  child  operate  as  a  revocation,  provided  the 
wi(e  and  child  were  unprovided  for.  A  second  will  is  also  a  revocation  of  the  first.  The 
marriage  of  a  woman  revokes  a  will  previously  made  by  her.  A  codicil  revokes  a  will  if 
contrary  to  it. 


WILL.* 

Know  all  men  by  these   presents,  That  I,  A.   B.,  ol 

,  in  the  county  of ,  and  state  of ,  merchant,   being  of 

eounri  disposing  mind  and  memory,  do  make  and  publi^  tliis  my 
last  Will  and  Testament. 

1st.   I  give  and  bequeath  to  my  son  C.  B.  one  hundred  dollars. 

2d.  I  give  and  bequeath  to  my  sons  D.  B.  and  E.  B.,  five  hun- 
dred dollars  each. 

3d.  I  give  and  bequeath  to  my  honored  mother  five  hundred 
dollars. 

To  be  paid  to  them  respectively  within  one  year  after  my  decease. 

4th.  I  give  and  bequeath  to  my  beloved  wife,  N.  B.,  all  ray 
household  furniture,  wearing  apparel,  and  all  the  rest  and  residue 
of  my  personal  property,  (after  payment  of  my  debts  and  legacies.) 

5th.  I  give  and  devise  to  my  daughter,  G.  H.,  wile  of  B.  H.,  of 

,  the  lot  of  land,  with  the  building  thereon,  situate  in  the  town 

of ia  the  county  of {bounded  as  follows].     To  have  and 

tu  hold  the  said  premises  with  the  appurtenances,  to  her,  the  said 
G.  H.,  to  her  sole  and  separate  use,  free  from  the  interference  or 
control  of  her  husbaad,  and  to  her  heirs  and  assigns  forever. 

6th.  I  give  and  devise  to  my  eldest  son  F.  B. ,  his  heirs  and  as- 
signs,  all  ray  homestead  farm,  situate  in  the  town  of  B.,in  the  coun- 
ty of  M.,  whereon  I  now  live.  To  have  and  to  hold  the  same  to 
him,  the  said  F.  B  ,  and  his  heirs  and  assigns  forever. 

7th.  I  give  and  devise  to  my  beloved  wife,  N.  B.,  all  the 
rest  and  residue  of  my  real  estate,  —  together  with  any  and  all 
estate,  right  or  interest  in  lands,  which  I  may  acquire  after  the 
date  of  this  Will  —  as  long  as  she  shall  remain  unmarried,  and  my 
widow  ;  but  on  her  decease  or  marriage,  the  remainder  thereof  I 
give  and  devise  to  my  said  children,  and  their  heirs,  respectively, 
to  he  divided  in  equal  shares  between  them. 

8th.  I  ordain  and  appoint  my  brother,  R.  fi.,  as  executor  of 
this  my  last  Will  and  Testament. 


If  a  testator  in  his  Will  makes  provision  for  his  wife,  declaring  the  same 
10  be  instead  of  dower,  the  wife  may  have  her  election  (within  a  specified 
time— in  Massachusetts  it  is  six  months)  to  accept  the  provisions  of  the  Will, 
or  claim  her  dower  at  law,  but  she  cannot  have  both.  If  the  provisioM  in  \Jbm 
Will  are  not  declared  to  be  instead  of  dower,  she  will  hold  both. 

BMA  6* 


66  WILL   AND   CODICIL. 


In  tesUmony  whereof,  I  have  hereunto  set  my  hand  and  seal, 
and  publish  and  declare  this  to  be  my  last  Will  and  Testament  in 

the  presence  of  the  witnesses  named  below,  this day  of , 

in  the  year . 

A.  B.  [L.  8.] 

Signed,  sealed,  published,  and  declared  by  the  said  A.  B.,  ax  and  for  his  last  Will 
and  Testameni,  in  presence  of  us,  who,  at  his  request  and  in  his  presence,  and 
tn  the  presence  of  each  other,  have  subscribed  our  names  as  witnesses  hereto. 

L.  M. 
O.  P. 
G.  H. 

Ifthe  Will  be  sisrned  by  athird  person  for  the  testator,  the  attestation  should 
be  thus : 

Signed  by  the  said  E.  F.  in  our  presence  and  in  the  presence  of  the  said  A.  B. 
and  by  hiicxprcss  direction,  and  by  the  said  A.  B.  at  the  same  time  published  and 
declared  as  his  last  will  and  testament,  in  the  presence  of  the  said  E.  F.  and  of 
us,  who  each  in  the  presence  ofthe  other,  and  of  the  said  A.  B.  and  of  the  said  E. 
F.  have  hereunto  set  our  hands  as  subscribing  witnesses. 

The  manner  of  signing  and  attesting  Wills  in  New  England  and  many  of  the 
States,  is  similar  to  the  above.    In  Mew  York,  it  is  as  follows : 

The  above  instrument  was  now  here  subscribed  by  A.B.,the  testator,  in  the 
presence  of  each  of  us ,  and  was  at  the  same  time  declared  by  him  to  be  his  last 
Will  and  Testament:  and  we,  at  his  request,  and  in  his  presence,  sign  ournamea 
thereto,  as  attesting  wiinessea. 

D.  F.,  residing  in  Utica, County. 

6.  H.,  residing  in  Utica, County. 

Codicil. 

Whereas,  by  my  last  will  and  testament,  dated  the day  of 

,  18  — ,  I  gave  to  my  daughter  J.  W.,  [here  mention  the 

legacy,']  I  do  hereby,  by  this  present  writing,  which  I  declare  to 
be  a  Codicil  to  my  said  Will,  revoke  the  said  legacy,  and  give  and 
bequeath  the  same  to  my  son  S.  W  ,  Jr.     I  also  give  and  bequeath 

to  my  nephew  G.  E.  the  sum  of and  to  my  niece  H,  E.  the 

sum  of .     And  I  hereby  ratify  and  confirm  my  aforesaid  Will 

in  all  respects,  except  so  far  as  changed  or  altered  by  this  Codicil. 

In  testimony  whereof,  &c.,  [same  as  will.] 

A.  B.        [l.  8.] 

Signed,  sealed,  and  declaredby  the  said  A.  B.  to  be  a  Codicil  to  his  last  will  and 
testament,  in  the  presence  of.    [same  as  will.] 


LIEN     OF    MECHANICS. 

LiKN,  signifies  a  claim  or  right  annexed  to,  or  attached  upon  any  property, 
which  a  person  has  in  his  custody  or  possession  belonging  to  another,  for  any 
4emand  due  from  the  party  who  is  the  proprietor  of  such  property. 

AfifeA/intc'x  Lien  Law  in  Massachusetts. — Any  person  who  shall  actually  per> 
form  labor  in  erecting,  altering,  or  repairing  any  building,  or  shall  furnish  mnte. 
rials  therefor,  by  virtue  of  any  agreement  with,  or  consent  of,  the  owner  thereof, 
or  any  person  acting  in  his  behalf,  shall  have  a  lien  on  such  building,  and  upon 
the  interest  ofthe  owner  ofthe  building  in  the  lot  of  land  upon  which  the  same 
ii  situated.  No  lien  for  materials  shall  attach  unless  the  purchaser  furnishing 
the  same,  shall,  before  so  doing,  give  notice  to  the  owner  of  the  land,  if  such 
owner  be  not  the  purchaser  ofthe  materialsi  that  be  intends  to  claim  such  lion. 


iaborer's  lien  law.  67 


Such  lien  is  dissolved,  unless  the  person  within  thirty  days  oner  he  shall  cease 
to  labor  or  runiish  materials  fur  such  building,  shall  file  in  the  ofGi-.e  o(  the  clerk 
in  the  city  or  town,  a  statement  of  a  ju^t  ami  true  account  of  the  amount  due 
him,  with  all  just  credits  given,  together  with  a  description  of  the  propeity,  with 
the  name  or  names  of  the  owners  of  tlio  property,  if  known,  which  certificate 
shall  be  *  subscribed  and  sworn  to  by  the  person  claiming  the  lien,  and  shall  be 
recorded.  Such  lien  may  be  prevented  from  attaching,  by  the  owner  giving  no- 
tice in  writing,  to  the  parson  about  performing  the  labor,  or  turnishing  such  ma-, 
terialK,  that  he  will  not  be  responsible  therefor. 

Such  lien  may  be  enforced  by  pctiliun  to  the  court  of  common  plens,  or  when 
the  amount  of  claim  does  not  exceed  100  dollars,  to  any  police  or  justices'  court, 
or  where  there  is  no  police  or  jujtlc«a'  court,  by  petition  to  any  justice  of  the 
peace  having  jurisdiction  in  other  civil  cases  between  the  same  parties. 

Lien  is  dissolved  unless  suit  is  commenced  within  7U  days  after  the  time  when 
fuch  labor  is  performed. 

When  such  debt  is  fully  paid,  the  creditor,  at  the  expense  of  the  debtor,  shall 
enter  a  discbarge  of  the  same  on  the  margin  of  the  registry,  or  execute  a  deed  of 
release. 

Jl  Lun  on  Ships  and  Vessels  is  allowed,  for  labor  performed  or  materials  used 
in  construction  or  repairs,  or  for  provisions,  stores  or  other  articles;  and  such  litn 
must  be  filed  in  the  clerk's  office  in  the  city  or  town  within  four  days  from  the 
time  such  vessel  shall  depart  from  the  port  where  the  debt  was  contracted.  The 
mode  to  be  pursued  is  similar  to  the  furegoing. 

In  tAe  State  o/JV/ain«,  all  persons  furnishing  materials,  or  labor,  in  building  or 
repairing  a  vessel,  may  secure  a  lion  by  attachment  within  four  days  after  said 
vessel  is  launched  or  repaired.  And  a  lien  on  a  house,  or  other  building,  can  be 
f  ecured  by  attachment  within  ninety  days  from  the  time  the  payment  for  such 
labor  nr  materials  became  due 

AVio  Hampshire.    The  lion  law  is  similar  to  Maine 

Connecticut.  Lien  is  given  to  persons  on  buildings  constructed  or  repaired  by 
them,  or  for  materials  furnished,  or  services  rendered  exceeding  thesuin  of  ^25.00. 

Lion  does  not  attach  unless  within  sixty  duys  after  performing  such  services, 
and  furnishing  such  materials,  a  certificate  is  lodged  with  the  town  clerk,  de- 
scribing the  premises,  the  amount  claimed,  and  the  date  of  the  commencement 
of  the  claim. 

No  debt,  as  above,  can  remain  a  lien  longer  than  sixty  days  after  the  building  is 
finished,  unless  a  certificate  in  writing,  describing  the  promises  and  the  amount 
claimed,  is  lodged  with  the  town  clerk,  to  be  recorded  aRor  first  having  been  sub- 
leribed  and  sworn  to,  as  the  amount  justly  due  as  near  as  can  be  ascertained. 

New  York.  The  contractor,  laborer,  or  a  furnisher  of  materials  in  building  a 
bouse,  &.C.,  must  file,  in  the  officeof  the  clerk  of  the  county,  a  copy  of  his  contract, 
but  it  he  havcno  written  contract, he  will  file  the  specification  ot  the  worker  mate- 
rials, with  the  prices  agreed  on, and  withintwenty  daysafler  the  contract,  or  com- 
mencement of  the  labor,  &c.,he  will  give  noiice  thereof  personally  to  the  owner, 
or  his  agent     The  lien  will  continue  one  year  from  the  filing  or  serving  of  notice. 

Lien  on  ships  and  vessels  is  similar  to  that  of  Massachusetts.  Lion  ceases  in 
twelve  days  after  the  vessel  leaves  the  port,  whore  the  debt  was  contracted. 

In  the  city  of  New  York  the  owner  of  a  building  on  receiving  from  the  laborers, 
journeymen,  &.C.,  an  attested  account  of  the  value  of  their  services,  may  retain 
the  amount  due  to  them  by  the  builder,  for  their  benefit. 

*  Certificate  for  Work  or  Labor. —  To  be  Recorded. 

I,  A.  B.  of ,  do  hereby  claim  to  have  a  lien  upon  the  estate  situated  [here 

describe  the  premises];  to  secure  the  payroeni  of dollars cents,  being 

the  amount  of  wages  due  me  in  my  own  right,  after  deducting  all  just  credits, 
for  work  done  and  performed  in  building  [eillering  or  repairing,  as  the  ease  may 
be]  said  preoiises,  according  to  the  following  bill : — 
{Here  insert  the  BUI.) 

C.  D.  of ,18  the  owner  of  said  premises,  and  E.'F.  of ,  the  contractor 

■nder  which  the  work  was  done  and  performed. 

{Signed)  A.  B. 


Statb  of  ' 


Mat  24,  1851. 

:h  (or  soU 


Personally  appeared  the  abovenaraed  A.  B.,  and  made  solemn  ont 
emnly  affirmed)  that  the  foregoing  Ceriificaie,  by  him  subscribed,  is  ti 
Before  me,  G.  H. 

Ju»t.  ((fth€  Peace  for  satd  Countg, 


68  LIEN   OF  MECHANICS. 

Pentisylvania.  Intbe  cities  of  Philadelphia,  Harrisbnrg,  Pittsburg, and  many 
eouniics,  persons  turnishing  lubnr  or  materials  for  the  erection  of  a  house^  or 
other  building,  have  a  lien  tor  such  work  or  materials  furnished  in  its  erection, 
for  six  months  after  the  work  is  finished,  or  the  materials  furnished,  which  may 
be  continued  five  years  by  filing  their  claim  in  the  office  of  the  Prothonotary,  and 
five  years  longer  by  legal  process  in  the  proper  courts,  and  until  satisfied. 

Missouri.  Contractors,  have  a  hen  for  material  furnished,  and  work  done.  To 
secure  it,  an  account  of  such  lien,  under  oath  must  be  filed  wilh  the  clerk  of  the 
Circuit  Court  of  the  county  where  the  building  is  situated  within  six  months 
after  the  materials  have  been  furnished,  ot  labordone. 

No  lien  shall  bind  any  building  lor  a  longer  time  than  twelve  months  after  the 
building  is  finished,  unless  a  suit  c<iall  have  been  brought  on  the  lien. 

New  Jersey.  A  lien  '>n  buildings  in  the  counties  of  Hunterdon,  Somerset, 
Monmouth,  SalemjCumberland,  the  township  of  Palerson,  Manchester,  &c  ex- 
ists for  two  years,  if  the  claim  be  filed  withthe  clerk  of  the  common  pleas,  with- 
in six  months  after  ihe  materials  were  furnished  or  work  performed.  Action 
must  be  commenced  within  one  year  from  the  lime  the  work  was  completed. 
Journeymen  being  refused  their  pay  by  the  coniractor,  can  obtain  ii  from 
the  owner.  In  the  cily  of  Newark,  in  the  township  of  Elizabeth,  Rahway, 
Belville,  Woodbridge,  and  South  Brunswick,  a  specification  of  the  work  or 
materials  with  the  prices  agreed  upon,  must  be  filed  in  the  office  of  the  clerk  ot 
the  county,  and  the  owner  notified  personally,  within  fifteen  days  afterlhe  ma- 
king of  such  contract.  If  so  filed,  the  lien  will  continue  six  months  after  the 
completion  of  the  building. 

Ohio.  Every  person  furnishing  materials,  or  performing  labor,  (under  a  con- 
tract bctvccen  the  owner  and  huilder),  in  the  erection  or  repairing  of  a  house, 
manufactory,  boat  or  vessel,  nlay  obtain  a  lien  by  depositing  a  written  account, 
■worn  to,  and  also,  a  copy  of  the  coniract,  if  there  be  one,  with  the  Recorder  of 
the  county,  within  four  months  from  the  time  of  performing  such  labor  or  furnish- 
ing such  materials,  and  such  lien  shall  operate  two  years. 

Indiana.  Mechanics  and  all  persons  performing  labor,  or  furnishing  mate  • 
rials  for  the  construction  or  repair  of  any  building,  or  on  the  lot,  or  land  on 
which  it  stands,  or  on  an  engine  or  other  machinery,  have  a  lien  seperately  or 
jointly.  Sub-con) raclor,  journeyman,  or  laborer,  must  give  notice  to  owner 
in  writing;  and  must  file  a  notice  in  the  recorder's  ofiice  within  sixty  days 
after  the  completion  o^'the  building,  &c. 

Illinois.  Lien  on  lands  and  tenements  exists,  provided  the  time  of  complet- 
ing contract  does  not  exceed  three  years,  nor  ihe  tim"-  of  payment  one  year. 
Landlords  have  a  lien  on  crops  growing,  for  rent.  Liens  upon  boats  and  ves- 
sels must  be  enforced  wiihiii  three  months  from  time  of  Indebtedness,  for  build- 
ing, repairing  and  equipping  such  boats,  and  also  by  the  engineers,  pilots,  &c. 

Michigan.  Lien  on  buildings  is  dissolved  at  the  expiration  of  six  months 
from  the  time  the  money  is  due,  unless  sui:  is  commenced  within  that  time. 

Wisconsin.  Lien  on  buildings  exists,  if  notice  be  given  to  the  owner  in  writ- 
ins,  by  the  person  employed,  within  thirty  days  after  being  so  employed.  Ac- 
tion must  be  commenced  within  one  year,  or  lien  is  dissolved. 

Maryland.  In  the  city  of  Baltimore  and  county  of  Harford,  written  notice 
must  be  given  to  the  owner  of  the  building  within  thirty  days  after  making  the 
contract,  of  his  intention  to  claim  the  benefit  of  lien.  Every  debt  against  such 
building  shall  be  a  lien  for  six  months  after  the  work  is  completed,  though  no 
claim  be  filed. 

•  California.  All  boats  and  vessels  navigating  the  waters  of  the  state  are  liable 
for  debts  contracted  by  the  master,  owner,  agent  or  consignee,  for  supplies, 
work,  hibor,  building,  rep^iiring,  fitting  out,  furnishing  or  equipping  such  boat 
or  vessel ;  for  wharfage  and  anchorage  ;  for  non-performance  and  mal-performance 
of  contracts  touching  the  transportation  of  property  and  persons  ;  and  for  injuries 
to  persons  and  property.  The  w!:geB  of  seamen  and  boatmen  to  be  first  paid. 
Suit  mast  be  instituted  within  fifkee~n  days. 

Lien  Laws  rxistin  someof  the  southern  and  western  stales, not  mentioned  in 
the  foregoing  list,  which  secure  the  amounts  due  lo  contractors,  furnishers  of 
materials,  and  workmen,  engaged  in  the  erection  of  buildings,  and  also  those 
engaged  in  building,  repairing  equipping,  or  performing  duty  on  board  of 
steamboats,  which  do  not  materially  difier  from  the  above  abstracts. 
Three  things  are  usually  required. 

Isl     That  the  Contract  should  be  in  writing.    (See  Contracl<i,  page  16.) 

2d.  That  the  contract,  specification,  cerlificaie,  or  claim  should  be  filed,  or 
recorded,  within  a  specified  time. 

3d.  Action,  or  suit,  by  attachment  on  the  lien,  should  be  commenced  within 
a  certain  time. 


APPLICANTS    FOR   PATENTS.  69 

INFORMATION 

TO  PERSONS  HAVING  BUSINESS  TO  TRANSACT  AT  THE 

PATENT  OFFICE. 


[The  following  extracts  from  the  U.  S.  Patent  Acts,  with  the  Directions 
and  Forms,  wilj  enable  any  person  to  make  out  the  necessary  papers, 
in  order  to  obtain  a  patent] 

All  Patents  are  issued  in  the  name  of\he  U.  S.,  signed  by  the  Sec- 
relary  of  Sinie.  and  countersigned  by  the  Commissioner  of  Patents. 
The  application  for  a  patent  must  be  by  petition  to  the  CohmissioH- 


KR  of  Patents. 

Patents  are  granted  for  any  n«w  and  useful  arl,  machine,  manufac- 
ture, or  composition  of  matter  not  known,  or  useil  by  others  before  his 
or  their  discovery  or  invention  thereof,  and  not,  at  ine  time  of  his  ap- 
pliciiiion  for  a  patent,  in  public  use,  or  on  sale  with  bis  or  their  consent 
or  allowance  as  the  inventor  or  discoverer. 

Any  person,  on  application  at  the  Patent  Office,  can  obtain  certified 
copies  of  the  record,  on  paying  ten  cents  for  every  pa<;e  of  one  hun- 
dred words  ;  anil  for  copies  of  drawings,  at  the  reasonable  expense  of 
making  them.  No  answer  is  returned  when  a  description  of  an  inven- 
tion is  sent,  and  inquiry  made  if  there  be  anything  there  like  it. 

The  term  for  which  a  patent  is  granted  is  fourteen,  but  it  may  some- 
times be  renewed  for  seven  years,  by  application  to  the  Commissioner 
of  Patents.  Patents  are  granted  to  citizens  of  the  U.  S.,  to  aliens  who 
have  resided  in  the  V.  S.  one  year,  and  made  oath  of  their  intention  to 
become  citizens,  and  also  to  foreigners  who  are  inventors  or  discov- 
erers. 

Joint  inventors  are  entitled  to,  and  can  claim  a  joint  patent,  but 
neither  can  claim  one  separately. 

An  inventor  can  assign  his  right  before  a  patent  is  obtained,  so  as  to 
enable  the  assignee  to  tnke  out  a  patent  in  his  own  name  ;  but  the  as- 
signment must  be  first  entered  of  record  ;  the  application  therefor  duly 
made,  and  the  specification  sworn  to  by  the  inventor. 

The  assignment  may  be  to  the  whole  or  an  undivided  part  by  any 
instrument  in  writing.  All  assignments,  and  also  the  grant  of  the  use 
of  the  patent  in  any  town,  county,  state,  &c.,  roust  be  recorded  in  the 
patent  office  within  three  months  from  the  date. 

The  law  requires  the  payment  of  the  patent  fee,  (£30,)  and  the  filing 
of  the  specification,  model  and  drawings,  brfore  the  application  ran  be 
considered  3  two-thirds  of  the  fee  is  refunded  if  the  application  be 
withdrawn. 

Every  inventor,  before  he  can  receive  a  patent,  shall  deliver  to  the 
Patent  Office  a  written  description  of  his  invention  or  discovery,  and  of 
the  manner  and  process  of  making,  constructing,  using,  and  compound- 
ing the  same  ;  and  if  a  machine  shall  fully  explain  the  principle,  modes, 
application,  and  character,  by  which  it  may  be  distinguished  from  other 
inventions;  and  shall  particularly  point  out  the  part,  improvement,  or 
combination,  which  he  claims  as  his  own  invention  or  discovery,  with 
duplicate  drawings,  where  the  case  admits  of  drawings  ;  or  if  a  compo- 
sition, furnish  specimens  of  ingredients,  and  of  the  composition  of  mat- 


70  APPLICANTS   FOR   PATENTS. 


ter,  sufficient  in  quantity  for  Ihe  purpose  of  experiments.  A  model  will 
be  required  in  all  <'ascs  which  admits  of  a  representation  by  model.  He 
shall  also  make  oath  or  affirmation  that  he  veiily  believes  Ipmscif  to  be 
the  original  and  first  inventor  of  ihe  improvement  in  question,  and  that 
he  does  not  know  or  believe  that  the  same  was  ever  before  known  or 
used  ;  also  of  what  country  he  is  a  citizen. 

What  is  claimed  as  new  must  be  distinguished  from  what  is  old.  The 
inventor  must  not  claim  too  much. 

A  defective  specification,  or  drawing,  may  be  amended  at  any  time 
before  a  patent  has  issued. 

The  drawings  should  in  general  be  in  perspective,  neatly  executed — 
and  such  parts  as  cannot  be  in  perspective,  must,  if  important,  be  rep- 
resented in  section  or  detail — signed  by  the  patentee,  and  attested  by 
two  witnesses — except  when  tlfe  specification  refers  to  them  by  letters  or 
figures.  The  model  should  be  as  distinct  a  representation  of  the  ma- 
chine, or  improvement,  as  possible,  and  have  the  name  of  the  inventor 
printed,  or  engrnved  upon  it,  or  affixed  to  it.  iModels  forwarded  without 
a  name,  cannot  be  entered  on  record.  Whenever  the  inventor  is  desi- 
rous of  adding  new  improvements,  like  proceedings  must  be  bad  as  in 
case  of  original  applications. 

If  the  patentee  has  made  his  claim  too  broad,  claiming  more  than 
that  of  which  he  was  the  original  inventor,  he  may  make  a  disclaimer, 
in  writing,  of  such  part,  to  be  attested  by  one  or  more  witnesses,  and 
reiorded  in  the  Patent  Office,  on  payment  of  the  sum  of  ten  dollars: 
and  such  disclaimer  shall  thereafter  be  considered  part  of  the  original 
specification. 

'i'he  spectfication  must  be  made  in  suchyuZt.  clear,  and  exact  terms,  as 
to  enable  any  person  skilled  in  the  art  or  science  to  which  it  appertains, 
to  make,  corutruct,  compound,  and  use  the  thing  patented.  'J  he  part, 
improvement  or  combination  which  the  inventor  claims  as  his  own  dis- 
covery, should  be  particularly  pointed  out,  and  the  specification  afaould 
he  framed  with  letters  of  reference  to  the  drawings. 

Any  person  entitled  to  take  out  a  patent,  who  shall  desire  further  time 
to  perfect  the  invention  he  has  made,  may,  by  paying  twenty  dollars, 
file  a  Caveat  in  the  confidential  archives  of  the  office,  setting  forth  the 
design  and  purpose  of  his  inventii>n,  its  principal  and  distinguishing 
characteristics,  &.C.,  praying  protection  of  his  right  till  he  shall  have  ma- 
tured his  invention  ;  which  sum  of  ^20,  in  ease  the  person  filing  such 
Caveat  shall  afteiwards  take  out  a  patent  for  the  invention  therein  men- 
tioned, shall  be  considered  a  part  of  ti.e  sum  required  for  the  same. 

If  application  shall  be  made  by  any  other  person,  within  one  year 
from  the  time  of  filing  such  caveat,  for  a  patent  of  any  invention  with 
which  it  may  in  any  respect  interfere,  it  shall  be  the  duly  of  ihe  Com- 
missioner to  deposit  the  description,  specifiialions,  drawings  and  model, 
in  the  confidential  archives  of  the  office,  and  give  notice  (by  mail)  to  the 
person  filing  the  caveat  of  such  application,  who  shall,  within  three 
months  after,  file  his  description,  specification,  drawings  and  model,  if 
he  would  avail  himself  of  the  benefit  of  his  caveat.  If,  in  the  opinion 
of  the  (?omniissioner,the  specificationsof  claim  interfere  with  each  other, 
like  proceedings  may  be  had  as  are  provided  in  the  case  of  inteifering 
applications,  provided  no  opinion  of  any  board  of  examiners  shall  pre- 
clude any  person  from  the  right  to  contest  the  same  in  any  judicial  court 
in  any  action  in  which  its  validity  may  come  in  question. 

An  old  patent  may  be  surrendered  to  correct  a  mistake,  or  error,  and 
the  fact  should  be  stated  in  the  application,  and  a  new  patent  will  be  is- 
sued for  the  same  invention,  for  the  residue  of  the  period.  In  the  re- 
issue, the  claim  is  subject  to  an  examination,  and  if  any  part  of  it  is 


PATENT  FORMS.  71 


not  orirrinal,  the  reissue  will  not  be  granted,  unless  the  said  part  be 
omitted. 


Protection  is  by  the  act  of  August  29,  1842,  extended  to  a  new  class  of 
objecls,  viz. :  - 

To  new  and  original  Dexigm  : 
— for  n  maiiufaciureof  meial  and  other  materials  ; 
— fitr  the  printing  of  wiHillfii,  iiilk,cult()ii,  or  other  fabrics; 
— for  liujts,  8IIIIUC8,  or  biu  relief,  orc-iinposiiioii  in  alto  or  basso  relievo  ; 
— fur  any  impres^fioii  or  oniuineiit,  t>r  to  be  placed  uii  any  article  of  muiiu- 

fiicture  in  marble  orollier  miilermi ; 
—for  any  new  and  useful  paiiern,  print,  or  picture,  to  be  in  any  maiinei 

attached  to,  or  fixed  on,  any  article  of  manufacture  ; 
^for  any  new  or  original  sliiipeur  ronfigu  ration  of  any  article  of  manu- 
facture ;  all  such  de^lngs  nut  being  previously  known  or  used  by  others. 

American  ministers,  consuls  etc  ,  residing  abrond,  may  administer  the  oath 
required  for  upi>licHiits  imt  resident  in  the  Unlied  Siaies.  Heretnlore  such 
fuiictiiMiarics  were  not  auihorlzed  lo  pertorin  this  act,  thus  subjecting  appli- 
cants, in  tbreign  countries,  to  much  inconvenience. 

The  fee  required  is  $15,  and  duration  of  the  Patent  seven  years. 

Application  must  be  made  by  petition,  and  a  specificati(ni  of  the  invention 
or  production  fully  described,  to  be  signed  and  witnessed  by  two  wiuiesses, 
and  verified  by  nath. 

The  siamping  or  affixing  the  name  of  any  patentee  on  any  article  without 
auihoriiy  s<>  to  do,ur  the  affixing  the  wtirti  patent  ur  Itturs'pntent,  or  the  stamp 
mark,  or  device  of  any  pnlentee  mi  any  uiipsiienled  article,  for  the  purpose  Jt 
deceiving  the  public,  is  Ibrbidden  under  a  penally  of  not  less  than  one  hundred 
dollars. 

Patentees,  or  their  assigners,Hre  now  required  to  affix  thp  date  of  the  ))atent 
on  each  uriicle  vended  nr  olfered  liir  sale,  under  a  like  penalty — thus  aflbrding 
to  the  public  !io!ice  nf  the  duration  <>(  the  patent.  When  ilie  iiriicle  is  ol  such 
a  naiure,  ihal  the  dale  cannot  be  printed  thereon,  it  thuuld  be  affixed  to  the 
ease  or  package  containing  it. 


FORMS  TO  BE  USKD  IN  MAKING  APPLICATION  TOTUK  PATENT  OFFICK. 

Form  of   Petition. 

To  the  Coriinii^sioner  of  Patents. 

The  petition  of  A.  B.,  of ,in  the  county  of ,  and  State  of , 

respectfully  represents : 

That  your  petitioner  has  invented  a  new  and  useful  [or,  has  invented 
a  new  and  useful  iinpiovemeni  on  n,  or,  on  the  machine,  &.r..]  wli  ch  he 
Verily  bi-jtcves  has  not  been  known  i>r  used  prior  lu  the  tnveiinoii  tlieie- 
ot'  by  your  petitioner.  He  ihc<efore  pinys  that  letters  patent  of  the 
United  Ijlaies  it\ay  be  granted  to  hiin  therefor,  vesting  in  hliii  and  his 
leg:il  representatives,  the  exclusive  ri^lit  lo  the  same,  upi<n  the  terms 
and  conditions  expres8i>d  in  the  Act  of  Congress  in  that  case  made  and 
provided  ;  he  having  paid  thirty  dt)llars  inlu  the  treasury,  and  complied 
with  other  provisions  of  the  said  act. 

A.B. 

Form  oj  Specification. 

To  all  whom  it  may  concern. 

Be  it  known  that  I,  A.  B.,  of ,  in  the  county  of ,  and  Slate  of 

,  have  inveuied  a  new  and  useful  machine  |.or,  improvement  uu  a, 


72  PATENT    FORMS 

or,  on  the  mafhine,  or,  composition,  &c.,]  for  [here  give  the  object,  or 
title,  o)  the  invcnii>iii]  ;  and  I  do  hereby*  declare  that  the  following  is  a 
full  andi'xact  description. 

[Here  describe  the  invention  with  great  particularity  and  exactness.] 
See  also  introductory  remarks. 

Witness,        C.  D,  A.  B.  [l.  s.] 

E.  F. 

Form  of  Oath. 

State  of ,  County  of ,  ss. 

On  this  —  day  of ,  185—,  before  the  subscriber,  a  justice  of  the 

peace  in  and  for  the  said  coumy,  personally  appeared  ihe  witliin-named 
A.  B  .  and  made  solen>n  oaih  [or,  affinn.ntioii]  that  he  verily  believes  him- 
self to  be  the  original  and  first  inventor  of  ihe  [iinproveineiii,  machine,  or, 
composition]  herein  described  ;  and  thai  he  does  not  know  or  believe 
that  the  s.ime  was  ever  before  known  or  used 3  and  that  he  is  a  citizen 
of  the  United  S.ates. 

(Signed,)  3,  S.,  Justice  oj  the  Peace. 

Form  of  Withdrawal. 
To  the  Commissioner  of  Patents. 
Sir  :  —  I  hereby  withdraw  my  application  for  a  patent  for  improve- 
ments in ,  now  in  your  ofBcc.  and  request  ihat  twenty  dollars  may  be 

retU'iied  to  me.  .igreciibly  to  the  provision  of  the  act  of  Congress  author- 
izing such  withdr^ival.  '  A.M. 
B .  July  5.    1851. 

N.  B. — If  you  withdraw  your  application,  please  enclose  a  receipt  in  the 
follovviiifT  form : 

Kei'elveil  ol  the  Treasurer  of  the  United  States,  per  Hon.  C.  D.,  Commis- 
sioner iif  Piiients,  twenty  dollnrs.  Iieiug  the  amount  refunded  011  willidrawiiig 
my  application  for  a  patent  for . 

Form  of  Surrender  oj  a  Patent  for  Reissue, 
To  the  Commissioner  of  Patents. 

The  petition  of  A.  B.,  of ,in  the  county  of jSnd  State  of 

respectfully  represents: 

That  he  did  obtain  letters  patent  of  the  United  Slates  for  an  improve- 
ment in .  wh'ch   letters   p.itent  are  diiied  on   ibe  first  day  of  May, 

1851.  Thrti  he  now  believes  ih:it  the.iameis  inoprrative  and  invalid,  by 
reason  of  a  <lefertive  sperificaiion.  which  defect  has  arisen  frnm  inad- 
vertence and  mistaki;.  He  iherelore  prays  that  he  may  be  nllowod  to 
surretiiler,  and  he  hereby  «loes  surrender  ihc  same,  and  requests  that 
new  letters  paienl  mny  issue  lo  him,  for  the  same  invention,  for  the 
residue  of  ihe  period  fur  which  the  original  pRtent  w.is  granted,  under 
the  .iinended  specification  herewith  presented  ;  he  haviiijj  pjiid  tlfieen 
dollars  into  the  treasury  <if  the  Uiiiied  States,  agreeably  •<•  the  require- 
ments of  the  act  of  Congress  in  (hat  caie  ^nide  and  provided.       A.  B. 

■■■•  Form  of  .Assignment  of  a  Right  in  a  Patent. 

Whereas  I,  A.  B.,  of .in   the  county  of ,  and  Stale  of —— 

did  obtain  le'iers  paicnt  of  ihe  United  States  for  cerLiin  iinp'ovements 

in  .which  letters  p.-itenl  bear  dale  the  Ist  dny  of  May,  1851;  and 

whereas  J.  D..  of aforesaid,  is  desirous  of  aeqiiiiing  :'n  interest 

therein;  now  this  indknturk  witsesseth,  ihal  for  and  in  consid- 

rralion  of  the   sum  of .tome  in  hand  paid,  the  receipt  ofwhieh  is 

hereby  acknowledged,  1  hnvc  assigned,  sold,  and  set  over,  and  <lo  here- 
by assign,  sell,  and  set  overfall  the  right,  title,  and  interest  which  I 


PATENT  FORMS.  73 

have  in  the  said  invention,  as  secured  to  nic  by  said  letters  patent,  for 

to,  and   in,  the   several  Stales  of ,  and  in  no  other  place  or  pinrea 

The  samu  to  be  h^ld  and  enjoyed  by  the  said  J.  L>.  for  his  own  use  and 
behoof,  and  for  the  use  and  behoof  of  his  legal  representatives,  to  the 
full  end  of  the  term  for  which  said  letter*  patent  are  or  may  be  granted, 
as  fully  Mnd  futirely  as  the  same  would  have  been  held  and  enjoyed  by 
me  had  this  assignment  and  sale  not  have  boon  made. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
seal,  this  Isl  dav  of  July,  1855.  A.  B.        [l.  s.] 

Witnes-:  C-^—  D ,  E — -  F. 

By  the  nci  of  March  — ,  18J8,  the  Commissioner  of  Patentsis  directed  lochargn 
the  lees  for  recording  assignments  of  paieiii  licenses,  nt  tlie  following  rates,  viz . 
On  nil  HssignmeMtsrelc.,  which  shall  not  comihim  (tver3tMI  words  •  gl  00 
On  all  a^iisigiiments,  etc.,  containing  more  tliun  31>U  uud  not  more  than 

mnt  words 2  00 

On  all  assignments  containing  more  than  1000  words  •        •        •       3  00 

Which  fees  uie,  in  ull  cases,  to  brpaxd  in  advance.  '- 

Form  of  Disclaimer. 

To  the  Commissioner  of  Patents. 

The  petition  of  A.   B.,  of ,inthe  county  of ,and  State  of* 

,  respectfully  represents  : 

That  he  has,  by  assignment  duly  recorded  in  the  Patent  Office,  be- 
come the  Owner  of  a  right,  for  the  sever.il   Siati's  of .to  certain  ■ 

improvements  in ,  for  which   letters  patent  of  the  Uniti  d  States 

were  granted   to  J.D.of .in   the   State  of .dated  on  the  Ist 

day  of  May,  1851.     That  he  has  reason  to  believe  that,  through  inad- 
vertence and  inislakc,  the  claim  made  in  the  specifirniion  of  said  letters  , 
patent  is  too  biuad   Including  that  of  which  the  said   paientic  was  not  | 
the   first  inventor.     Your  petitioner,  therefore,  hereby   enters  Ins  dig-  . 
clainier  to  tint  pari  of  the  claim  in  the  aforenameil  spcrificatun.  which 
is  in  the   following  wo<-ds.  to  wit :      #     •     «     »     j   which  dit^claiiner  is 
to  operate  to  the  extent  of  the  inteicst  in  said  letters  patent  vested  in 
your  peiitioner,  who  has  paid  ten  <l(illars  into  the  treasU'j' of  the  United 
States,  agreeably  to  ibe  requirements  of  the  act  of  Congress  in  ihal 
case  m'ide  and  provided. 

Witness  :  C I) ,  E F .  A.  B.  (i..s.) 

When  the  disclaimer  is  made  by  the  original  patentee,  it  must,  of  . 
course,  be  so  worded  us  to  express  that  fact. 
Form  uj  Caveat. 
To  the  Coiniiiissioiier  ol  Patents. 
The  petition  of  A   B.,of — ,in  the  couiily  of — ,andStatcof — ,  8ic.      * 

Thai  he  has  ma<le  certain  improvements  in  the  — ;  and  llial  he  is 
now  engaged  in  making  experiments  for  the  purpose  of  perfeeting  the 
same,  preparatory  l«)  his  applying  for  lettcis  patent  therefor.  He  ihere- 
foie  ptays  thai  the  snhjoineii.drscriptiim  of  his  invention  may  l>c  filed 
as  a  c  A  VE  \T,  in  tlie  confidential  arciuves  of  the  Paient  Office,  agreeably  ■ 
to  the  provisions  of  tlie  act  of  (^ongnss  in  that  case  made  and  |*(Ovi<leo, 
he  having  patd  twenty  <lollars  into  the  'I'reasury  of  the  United  Stales, 
and  otherwise  complied  wiih  the  requircnicuis  of  the  said  act.        A.  B. 

,  March  1 ,  1855. 

Here  should  follow  a  description  of  the  general  principles  of  the  invention 
BO  far  ii«  ii  has  lieen  completed. 

It  is  deiirahlethal  cnvrnls  should  he  explicit  ns  toihe  charnrternnd  fraiure^ 
of  the  iiiveiiiion — emhnice  suitalile  drawings  or  sketrlies  ;  niid  a  ouflft  if: 
cunvenient.  The  caveat  fails  of  its  purpuse,wheu  the  iuveiitiuii  14  uot  expiaiticd. 

BMA  7 


74  PATENT   FORMS. 

Form  for  addition  oj  J^ew  Improvements. 
To  the  Commissioner  of  Patents. 
The  petition  of  A.  B.,  of — ,  in  the  county  of — ,and  State  of — ,  &c. 
Thai  your  petitioner  did  obtain  letters  patent  of  the  United  States, 

for  an  improvement  in  the ,  which    letters   patent  are  diilecl  on  the 

;  that  he  has.  since  that  dale,  made  certain  improvements  on  hia 

said  invention;  and  that  he  is  desirous  uF  adding  ilic  suhjoined  descrip- 
tion of  his  said  improvements  lo  his  original  letters  paienl.  agreeahly  lo 
the  provisions  of  ilie  act  of  Congress  in  ihal  casn  made  and  provided,  ha 
having  paid  fifieen  dollars  into  the  Treasury  of  the  United  silates,  and 
otherwise  complied  with  the  requiremouls  of  Ihe  said  acl.  A.  B. 

Form  oJ  Assignment  before  obtaining  Letters  Patent,  and  to  be 
recorded  preparatory  thereto. 

Whereas  I,  A.  B.,  of ,  in  the  county  of ,  and  State  of , 

have  invented   certain  new  and  useful    improvements  in ,  f<ir  which 

I  am  ahout  lo  make  application  for  letters  patent  of  the  United  Slates; 

and  whereas,  J   I).,  of ,  iiloresaid,  has  agreed  to  purchase  from  me 

all  the  right,  title,  and  interest,  which  I  have,  or  may  have,  in  and  to 
the  said  invention,  in  consequence  of  thf  grant  of  letters  pnieiil  iherffor, 
and  has  paid  to  me,  thf  said  A.  B.,  the  sum  of— ,  the  roceipt  of 
which  is  uerehy  ai'knowledged  :  Now  this  indeniiirR  witnnsseih,  that  for 
an<l  in  considi-ration  of  the  said  sum  to  me  paid,  1  have  as^aigneil  and 
transferred,  and  do  heri-hy  assign  and  transfer  to  the  said  J.  I).,  the  full 
and  exclusive  light  to  all  the  improvements  made  liy  me,  as  fully  se  t 
.  forth  and  described  in  the  sprcificaiioii  which  I  have  piepared  and 
executed  preparatory  to  the  oht.iining  of  letters  piitent  Iheiefor.  And  I 
do  herehy  authorize  and  request  the  (^ommi>si;>iicr  of  Pu'.tmts  lo  is>ue 
the  said  letters  patent  to  the  said  J.  D.,  as  the  assignee  of  my  whole 
right  and  title  thereto,  for  the  sole  use  and  behoof  of  the  said  J.  D.,  and 
his  legal  representatives. 

In  lestiinony  whereof,  &c.  A.  B.         [l.  S.) 

Witness  :  C I) .  E F . 

FEES  PAYABLE  AT  THE  PATENT  OFFICE. 

All  fees  mnst  lie  paid  in  advance — ihe  amouiil  fixed  liy  law  ;  except  in  the 
cn«e  of  drawings,  llie  expense  of  wliieh  will  be  coininuiiicnted  on  application 
for  the  name. 

Patent  fee  forn  ctliz«'n  of  the  U.S.,  or  for  a  foreigner  who  has  re- 
sided here  one  year,  and  made  oath  uf  his  inteniiun  of  becoiniiig  a 

citizen  30  00 

For  a  suhject  of  Great  Britain WH)  00 

All  oiher  foreigners 3110  UO 

For  eaieriiii;  II  ciincul .  I      4^0  00 

For  eiiieriiig  nii  Hppiicalton  for  ihe  deriaion  of  artiitrators,  after  notice 
from  CoiniMiifsioiwf  ilmi  the  rnveniioii  is  not  tie w, or  ihul  it  interferes 

with  apendiiie;  appticiiiinn 2S  00 

For  exieiidini;  Hpiiieni  lieyoiid  the  fourteen  years 40  00 

For  iiddiiii;  the  specification  iif  i<iil)sequeiii  improvement       .        .        .      IS  »0 

In  case  of  reissues,  for  every  ndiliiionul  p>iteiit 30  00 

Fur  surrender  o.'°un  old  patent  tu  he  reissued,  lo  correct  a  mistake  of 

the  paieiilee ...      15  00 

On  application  fur  a  design ...      IS  00 

For.-i  diiicluimer 10  00 

Forc"piei*of  piiients,  orany  other  poperon  file,  for  each  100  words    .  10 

It  is  reoimmeiided  to  make  a  deponite  with  the  As:<isiaiit  Treasurer,  and 
other  officers  nutliorized  lo  receive  pultlic  moneys,  of  the  fee  for  a  piiieiit  or 
other  iipplicaiioii,  and  to  remit  the  certificHle.  Where  this  cannot  be  done 
wiihout  much  iucuiiveiiience,  gold  may  be  reiniiled  by  muil,  at  the  risk  of  the 
appiieiuil. 


EPITOME   OF   MENSURATION.  75 

EXPLANATION  OF  THE:SIGNS  USED  IN  THIS  WORK. 

=  Equal  to,  as  12  inches  =  1  foot,  or  6  X  6  =  4  X  9  =  36. 

-|-  Plus,  or  tiiore,  signifies  addition  ;  thus,  4  -|-  2  denotes  that  2 
is  to  be  added  to  4.  * 

Minus,  or  less,  denotes  subtraction  ;  thus,  8  —  2=6. 

X  Multiplied  by, or  into,  signifies  multiplication;  as?  X  9=63. 

-J-  Divided  by,  signifies  division  j  as  117  -f-  9  ^  13. 

:  : :  :  signifies  Proportion ;  thus  4  :  6  : :  8:  12;  and  is  read,  as 
4  is  to  6  so  is  6  to  12. 

%/  indicates  the  square  root  ,•  as  ,^/25  =  5,  because  5  X  6  =  26. 

DECIMALS. 

A  Decimal  Fraction  is  a  fraction  whose  denominator  is  10,  or  100,  or  1000, 
&c.  The  denomiiiaior  of  a  dccimiil  is  never  wrjiien  ;  the  numerator  is  written 
with  a  point  (.)  prefixed  to  it,  and  the  denominator  is  ui'derstuod  to  be  a  unit, 
with  as  many  ciplters  aiinex«d  as  the  numerator  has  places  of  figures.    Thus, 

.5  is  T»<y,  .25  is  ^0%  -825  is  t%%V 

Independent  of  the  point  (.)  which  distinguishes  between  integers  and  deci- 
mals, the  fnndameiital  rules  of  Addition,  Subtraction,  Multiplication  and  Di- 
vision are  the  xume  as  in  simple  a  rilhinetic.  Cipliers  placed  on  the  right  of 
Decimals  do  not  change  their  values;  but  placed  on  their  left  decrease  their 
value  tenfold ;  thus, 

.1  is  ^j,  .01  is  i^xx,    001  is  TxrVtr- 

In  Adding  and   Suiirartitu^  Decimals  keep  the  points  under  each  other. 
In  Dividing  Decimals,  point  off  in  the  quotient  as  many  places  for  decimals 
as  the  decimal  places  in  the  diviftend  exceed  those  in  the  diaiur  ;  thus, 

20.5)20.500(1.00 

If  there  be  not  figures  enough  in  the  quotient  to  point  ofl^,  prefix  ciphers. 

In  ilful<fp2ytn$  Decimals  point  off  as  many  figures  in  the  p;-ot/uc(,  from  the 
right  hand,  accounted  as  decimals,  as  there  are  decimals  in  the  multiplier 
Mid  muUtplicand  taken  together  ;  thus, 

15.32  X  2.4  =  3C.7C8. 

Reduce  Decimals  by  multiplying  them  by  the  next  louver  denomination. 
(See  Table  ofDecimals  eqaivaleiuto  the  Fractional  parts  of  a  Gallon,  Pouudj 
Fool,  and  incii.] 


EPITOME  OF  MENSURATION. 

Board  and  Planic  are  usually  measured  by  the  square  or  superficial  foot  of 
144  inches.    To.n  Timbkk  is  measured  by  the  cubic  foot  of  17*28  inche*. 

40  cubic  feet  of  round, or  50  fuel  ofkevm  timber,  equal  I  load,  or  ton. 

To  find  the  number  of8qunre(or  superficial)  feet  multi|>ly  the  length  inin<hes 
ky  the  breadth  in  inches,  and  divide  by  144.  But  when  all  the  dimensions  are  in 
Jeet,  multiply  the  length  in  feet  by  the  breadth  in/ett, — omitting  the  dii'isor. 

Example  1. —  How  many  square  feci  are  there  in  \he  left  hand  figure  (sup- 
pose it  a  Table,  Stab  of  Marble,  Brick  Wall,  Board,  Plank,  tfc.,)  its  length  beiiif 
S  feet,  and  iu  breadth  (ifeet?    An*wer,6x  i  =  36  square  feet. 


RtampU  2.— How  many  iquare  feet  are  there  in  the  right  hand  figure  (tap- 


^ 


•.'"I.' 


76  EPITOME   OF   MENSURATION. 


posing  It  a  Board,  Table,  ^c.,)  its  length  being  4  feel  and  5  Inches,  and  its 
breadth  (taken  on  the  dotted  line)  9  feet  3  inches. — [  H  hen  either  of  the  dimen- 
sioM  are  in  feet  and  inches,  both  may  be  reduced  to  inches.] 

4  feet  5  inches =53  inchesXST-r- 144  =9-9  square  feet. 
2  feet  3  inche*  =  27  inches. 

Tbt  ANGLE. — If  the  figure  be  a  iriangle,  of  whatever  form,  multiply  thejMf- 
p«n<<(cutor,  (the  highest  part,)  by  one  Aa//'of  the  &a««,(the  length.) 


Emmple. — The  extreme  length  (or  base)  of  the  left  hand  figure  under  this 
rule  is  14  feet  7  inches;  the  breadth  (or  perpendicular)  is  4  feet  2  inches. 
What  is  its  area? 

14  feet  7  iiiche3  =  175  inches  -r-  2  =87'5  X  50-f- 144=30-3  square  feet. 
4  feet  2  inches  ^  SO  inches. 

Land  Measure.— How  many  square  ye«t  of  Zand  are  there  in  a  lot,  which 
is  laid  out  in  aright  angled  triangle  {represienled  by  the  left  hand  figure)  the  bast 
measuring  49  feet,  and  the  perpendicular  30  feet. 

49  X  30  =  1470  feet  .r-  2  =  735  square  feet. 

Board  Measure. — Boards  are  measured  by  the  square  (or  superjieial) 
feet, — thus.  Multiply  the  length  of  the  board  in  feet  by  the  width  in  inches  and  di- 
vide the  product  by  12. 

Jixample  I. — How  many  j^uarc  feet  aie  there  in  a  Board,  or  Plank,  18  feet 
long  by  10  inches  wide  ? 

18  feet  X  10  inches  =  180  -j- 12  =  15  square  feet. 

RvLTS  — When  the  Board,  or  Plank,  tapers  gradually  add  the  width  of  the 
two  end*  together,  and  one  half  their  sum  multiplied  by  the  length,  will  give 
the  number  of  square  feet. 

Example  2. —  How  many  square  feet  are  there  in  a  Board  18  feet  long,  13  in- 
ches wide  at  one  end  and  17  inches  at  the  other? — (Average  breadth  15  inches. 
18  feet  X  15  inches  =  270  -4-  12  =  22i  square  feet. 

TtMBEa  and  Planr. —  In  measuring  n'mfter  or  p/anA;  which  runs  tapering, 
both  in  width  ami  thickness,  the  common  rule  is,  to  add  together  the  area  of 
the  two  ends,  and  one  half  of  the  sum  multiplied  by  the  length  and  divided  by 
144,  will  give  the  solid  contents.  This  rule  is  not  exact,  but  it  is  sufficient 
where  absolute  accuracy  is  not  required. 

Example  1.— Required  the  solidity  of  a  tapering  square  stick  of  timber,  the 
largest  end  being  14  inches  square,  the  lesser  end  10  inches,  and  the  length  40 
feet.    Answer, — Contents  by  the  cowmon  jt/J*,  4111  cubic  feet. 

%,.  14X  14  =  <96+100-^aX40-*- 144=41-11  cabicfeet. 

10X10  =  100. 

Another  method  to  find  the  Solidity  of  a  Frustrum. 

Rule. — The  squares  of  the  diameters  of  the  two  ends  of  ihe  frustrum  of  a 
Cone  added  to  the  product  of  the  two  diameters,  and  that  sum  by  it.-s  height  ami 
by  -2018,  the  product  is  the  number  of  cubic  inches,  which  divided  by  231  gives 
the  nuraher  of  gallons 

ExampU. — Required  the  solid  content,  and  gallons  in  a  Coffee-pot,  Pail,  &c., 
whose  height  is  18  inches,  diameter  at  the  top  6  inches,  and  diameter  at  the 
bottom  9  inches. 

68  4-  92  =  117  }  =  171  X  19  =  3078 X  -2618  =  80582  inches. 

805  82  -f-  231  =  3-488  Gallons  (or  3%  gallons). 

[See  Table  of  Decimslj  eqairalent  to  firactional  parti  of  a  Gallon]. 


EPITOME   OF   MENSURATION.  77 


Round  Timber.— For  round  Timber  add  together  the  girth  of  the  two  ends 
and  divide  the  sum  by  2,  for  the  mean  girih  ;  iheu  square  (»)  |  of  this  quo- 
tkiu,  and  multiply  the  product  by  the  length,  which  gives  tlie  contents. 

*  [T/u  square  of  any  number  is  that  number  mvUiplied  by  itself .     Thus: 
2  X  2  =  4,  =  (Ac  square  o/2 ;  4  X  4  =  18  the  square  of  4,  ^-c] 

Example. — The  mean  girth  of  a  tree  being  5  feet  8  inches,  and  its  length 
I€  feet,  required  its  cubical  contents. 
5  ft.  8  inches  =  C8  inches  -i- 4  =  17  X 17  X 216  -r- 1728  (•)  =3«- 125 cubic  feel 
18  feet  =  216  inches. 

*  [If  the  measurements  are  reduced  to  inches,  divide  by  1728  ;  but  if  one  of  tkt 
measures  is  in  feet,  multiply  the  inches  by  feet,  and  divide  the  product  by  144.] 

The  above  rule  gives  the  customary,  but   the    true  content  is  found  by 
squaring  one  filth  ot  the  girth,  and  multiplying  by  twice  the  length. 
Example. —  Tlie  game  as  above,  girth  5  feet  8  inches,  length  18  feet. 
Girth  =  63  -T-  5  =  13-6  X  13  6  X  36  -*- 144  =  46-24  cubic  feet. 
18  X  2  =  36  =  twice  the  length. 

Circles.    To  find  the  area  of  a  Circle  multiply  the  square  of  the  Diameter 
by  the  Decimal  ■78!>4, and  the  Product  will  be  the  ar«a. 
Example.    Required  the  area  of  a  Circle  whose  diameter  is  6  inches  ? 
«  X  6  =  36  X  -7854  =  28-274  Square  Inches. 

[Also,  see  table  of"  Areas  of  Circles."] 

To  find  the  circumference  of  a  Circle  from  the  diameter,  multiply  the  diam- 
ter  by  3-1416  the  product  is  the  circumference  ;  uud  multiply  the  circumference 
by  -31831,  and-tbe  product  is  the  diameter. 

In  the  formation  of  a  Hoop  or  Ring  of  Wrought  Iron,  the  following  is  the  ruU 
to  determine  the  length  of  the  Iron  in  an  unbent  state:  —  If  it  is  the  interior  di- 
ameter of  the  hoop  ihut  is  given,  add  the  ihickiiess  of  the  iron  ;  but  if  theez> 
teriur  diameter,  subiract  from  the  given  diameter  the  thickness  of  the  iron, 
multiply  the  sum  or  remainder,  by  3-1416,  and  the  product  is  ibe  length  of  the 
iron,  in  equal  terms  of  unity. 

Supposijig  the  inierior  diameter  of  a  hoop  to  be  32  inches,  and  the  thick- 
ness of  ihe  iron  ]  J,  what  must  be  the  proper  length  of  the  iron,  independent 
of  any  allowance  for  shutting? 

32  +  1-25  =  33-25  X  3- 1416  =  104-458  inches. 

Again,  let  it  be  required  to  form  a  hoop  of  iron  7-8  inch  in  thickness,  and 
16J  inches  outside  diameter. 

16-5  —  -875  =  15-625,  or  1  foot  3  S-8  inches, 
independent  of  any  allowance  for  shutting. 

Ctlindbrs. —  To  find  the  solidity  of  a  cylinder,  (a  round  Wick  of 
timber  of  uniform  diameter,  or  a  grindstone,  &.C.)  multiply  the  area 
of  the  base,  (as  in  the  above  example,)  by  the  length,  and  the  pro- 
duct will  give  the  solid  contents. 

Example.  Required  the  Solid  Content  of  an  Iron  Roller,  2  feet  6 
inches  in  diameter,  and  12  feet  in  length  ? 

2  A.  6  in.  =  30  in.  X  30  X  -7654  X  12  -r- 144  =  58-905  CiOie  Feet. 

Water  Tanks,  Cisterns,  and  Oil  Cans,  Ac—  To  find  the  capacity  ot 
any  Cylindrical  Vessel,  find  its  interior  cubic  content  in  inches,  by  the  forego- 
ing rules,  then,  if  its  capacity  be  required  in  gallons  divide  by  231,  (the  namber 
of  cubic  inches  in  a  V.  S.  gallon.) 

Example.  —  Required  the  number  of  gallons  in  a  Can,  whose  diametet  ia 
30  inches,  and  depth  50  inches  ? 

30  X  30  X  -7854  X  50  -{-  231  =s  153  gallons. 

BMA  7* 


^ 


78  MEASURES   OF  CAPACITY  AND  WEIGHT. 


Or,  if  the  inteiior  diameter  of  the  Can  is  2|  feet,  and  its  depth  2^  feet,  then 
'  2  25  X  2-25  X  2-5  X  5  868  =  74>^  gallons. 

Or,  if  the  diameter  of  a  Tank  is  62  inches,  and  its  depth  100  inches,  then 
62  X  62  X  10«  X  -0034  =  1306-96  gallons. 

Or,  ifthe  capacity  of  any  vessel  is  required,  from  the  size  of  a  Gill  to  a 
Water  Tank,  &c.,  see  the  Table  "  Area  of  Circles". 

CiTBic,  OR  Solid  Measure.  To  find  the  Cubical  Content  in  a  Stick 
of  Timber,  Block  of  Stone,  Box,  Bin,  &c.  If  all  the  Dimensions  are  in  Feet, 
multiply  (he  Length  by  the  Breadth,  and  this  product  by  the  Depth  to  obtain 
the  number  of  Cubic  Feet. 

Ifthe  Lengih  is  in  Feet  and  the  width  and  depth  in  Inches,  multiply  the 
length  by  the  width  and  this  Product  by  the  depth  in  inches, — then  divide  the 
last  Product  by  144  for  the  Cubic  Feet.  If  all  the  Dimensions  are  in  Feet  and 
Inches  reduce  the  whole  to  Inches,  then  multiply  the  Length,  Breadth  and 
Depth  together,  and  divide  the  Product  by  1728  to  obtain  the  Cubic  Fret. 

Required  the  number  of  cubic  feet  in  a  box,  stone,  &c.,  4^  feet  long,  2]^  feet 
wide  and  2  feel  deep  ? 

4-5  X  2-5  X  2  =  22i  cubic  feet. 

To  find  the  capacity  of  a  bin,  cistern,  tanner^s  vat,  &c.,  find  its  (interior)  cu- 
bic contents  in  inches  by  the  preceding  rules,  then  ifthe  capacity  be  required 
in  gallons,  divide  the  whole  number  of  inches  by  231 ;  —  if  in  bushels,  by 
2150-42,  —  or,  if  in  heaped  bushels,  by  2747-70. 

Or,  ifthe  interior  of  a  coal  bin  be  4  feet  in  length,  41  inches  in  breadth,  and 
32  inches  in  depth  ;    then, 

4  X  41  X  32  X  00694  =  36J  cubic  feet,  =  2000  lbs.,  or  1  ton  of  Beaver 
Meadow  or  Lehigh  Coal. 

1  Cubic  Foot  of  Peach  Mountain  Coal,  broken  and  screened  for  Stoves, 
weighs  54  pounds,  and  requires  37  cubic  feet  of  space  to  stow  one  ton  ol 
2000  pounds. 

Coal  is  bought  at  wholesale  at  the  rate  of  2240  pounds  to  the  ton,  and  sold 
at  retail  at  the  rate  of  2000  pounds  to  the  ton,  screened. 

Or,  if  the  interior  of  a  crib  be  6^  feet  in  length,  3}  feet  in  breadth,  and  3^ 
feet  in  depth  ;  then, 

6-5  X  3-75  X  3-25  X  80356  =  636522  (or  63J  bushels  and  i  peck.) 
The  Solid  Contents  of  all  bodies,  which  are  of  uniform  bigness  throughout, 
whatever  may  be  the  form  of  the  ends  is  found  by  multiplying  the  area  of  one 
end  into  its  height  or  length. 

144  inches  equal  ( = )  1  square  foot,  (or,  area.) 
1728  inches  equal  (  =  )  1  cubic  foot,  (or,  solid  eonttfUt.) 

MEASURES  OF  ^CAPACITY  AND  WEIGHT. 

Measures  of  Weight  — Avoirdupois:  —  16  drams  equal  1  ounce;  18 
•unces  1  pound  ;  112  pounds  one  hundred  weight  ;  20  hundred  weight 
1  ton.  —  Troy  i  —  4  grains  equal  1  carat  j  24  grains  1  pennyweight ;  20  pen- 
nyweights 1  ounce  ;  12  ounces  1  pound. —  Apothecaries: —  20  grains  equal 
1  scruple  0);3  scruples  1  dram  (^)i  S  drams  1  ounce (§) ;  12oz.  l(Ib)  lb. 

Mkasurbs  OF  Surface,  or  Square  Measure.— 144  square  inches  =  1 
square  foot ;  0  square  feet  =  1  square  yard;  30|  square  yards  =:  1  square 
rod,  or  pole  ;  40  square  rod3=  1  square  rood ;  4  square  roods  =  1  square  acre, 
(or  43,560  feet ;)  640  square  acres  =  1  square  mile. 

Measures  of  Capacity  (Drt.)^2150-42  cubic  inches  =  1  United  Statei 
(or  Winchester)  bushel ;  the  dimensions  of  which  are  ISJ  inches  diameter  in- 
side, 19^  inches  outside,  and  8  inches  deep  ;  2747.70  cubic  inches  =  1  heaped 
bushel,  the  cone  of  which  must  not  be  less  than  0  inches  high.  2211.84  cubic 
inches  =  1  New  York  statute  bushel ;  \  Imperial  (British)  bushel  =  2218.192 
cubic  inches,  and  contains  80  lbs.  of  diMilled  water;  the  same  in  Ohio, 
i  quarter  of  wheat  =  8  biuhels  English,  8i  U.  Statoi.- 


MEASURES    OF    CAPACITY   AND   WEIGHT.  79 

Measfbes  of  Lbngth  : —  16J  feet  eqoal  1  rod  or  pole  ;  40  rods,  1  furlong; 

8  ftirliiiigs,  (or  5!J80  feft,)  1  mile;   GO  geo.  miles  =  I  degree Ropes  anb 

Cables  :— U  feet  are  equal  to  1  fathom  ;  120  fathoms,  to  1  cable's  length. 

FbKNXH    MkASORES    of    FREQrENT    REFERENCE,    COMPARED   WITH    U.    S. 

Measures  — Tense,  7G-755;  League,  228(1  loiscs  (cuminoii)  2000 (post) ;  Fath- 
om, 5  leet ;  Metre,  3-28  feet  ;  Decimetre  (1-lOih  metre),  3  1)4  inches  ;  Velt, 
200  gallons  ;  Hecioliire,  26-42  do.;  Decalitre,  2-C4  do.;  Line,  211  pints  ;  Kilo- 
lilre,  35  32  feet;  Hecioliire,  234  bushels;  Decalitre,  908  quarts;  Miliier, 
2-205  pounds  ;  Quintal,  2J0-54  do.;  Kilogramme,  2-21  do.;  100  pounds  107-93 
do.;  100  feet,  llO-OO  feet ;  Ton  (of  wine)  240  gallons. 

Weight  of  a  Bushel  of  various  Articles. — 1  Bushel  of  Potaloes,  (common,) 
60  pounds;  1  do.  Potatoes, (sweet, )56;  1  do.  Corn,  56  ;  Ido  Hemp,  48  ,  Ido. 
AVluat.  GO;  Ido.  Barley  48;  1  do.  Oats,  32;  Ido.  Rye,  56  ;  1  do.  Timothy 
Seed,  45 ;  J  do  Beans,  GO ;  I  do.  Pease,  60  ;  1  do  Clover  Seed,  60 ;  Ido.  Buek- 
wheat,  48;  1  do.  Castor  Oil  Beans  60;  Ido  Diied  Apples,  2-3  ;  1  do.  Dried 
Peaches,  23;  Ido.  Blue  Grass  Seed,  14;  1  do.  Red  Top,  11.  Mary  of  the 
Stales  regulate  the  weight  of  a  bushel  ol  various  arncles,  by  Siatule;  and  in 
some  cases  it  varies  from  the  above.  The  weight  of  Seed  also  depends  on 
the  dryness  of  the  article. 

One  Bukhel  of  Bituminous  Coal  inihe  \Vesteni  States  =  2083  cubic  inches 
=:76  pounds.    Stone  Coal,  in  Illinois,  80  lbs.  to  the  bushel. 

MRAstTRES  OF  Capacitit  ( LIQUIDS.)  —  231  cubic  inches  equal  1  United 
States  standard  srallon  ;  282  cubic  niches  =  1  ale  gallon  ;  277-274  cubic  inches  := 
1  Imperiiil  ( Briiish)  gallon,  for  dry,  beer  and  wine  ;  31}  U.  S.  gallons  =  1 
barrel  ;  42  galls.  =  1  tierce  ;  63  galls.  =  1  hogshead  ;  84  galls.  =  1  puncheon  ; 
126  galls.  =  1  pipe  ,  252  =  1  tun. 

Gallons.  The  U.  S.  standard  gallon  contains  83389  avoirdupois  pounds,  or 
68372.1754  troy  grains  of  distilled  water,  at  39-83''  Fahrenheit,  ihe  barometer 
at  30  inches  ;  1  gallon  of  ale  weighs  10-5  lbs.;  1  Imperial  (British)  gallon 
weigh#<  10  lbs.  ;  1  gallon  of  Sperm  Oil  weighs  7i  lbs. ;  1  do.  of  Linseed  7j  \bi. ; 
1  do.  of  Olive  74  Ibc. ;  I  do.  of  Whale  7  lbs.  11  ozs. ;  1  do.  of  Proof  Spirits 
7  lbs.  15  ozs. ,  1  do.  Spirits  of  Turpentine  7  lbs.  5  ozs. 

Measures  of  Solidity,  or  Cubic  Measure.— 1728  inches  =  1  cubic  fool ; 
27  cubic  feet  =  1  cubicyard  ;  40  cubic  feel  of  round  timLer=:l  ton;  50  cubic 
feel  of  hewn  limber  ^1  ton  ;  16  cubic  feel  of  wood  =  1  foot  of  wood;  8  feet 
of  wood  (or  128  cubic  feet,)  =  1  cord  ;  1  chaldron  of  Newcastle  coal  =  6936 
lbs. ;  1  perch  of  stone  =  24-75  cubic  feet. 

Number  of  Cubic  Feet  In  a  Tox  (2240  lbs.)  of  Various  Bodies  :— Mar- 
ble, 15-07  ;  Granile,  16  ;  Common  Stone,  14  22  ;  Paving  Stone,  14  a3  ;  Sand, 
23  5;  Tallow,  38;  English  Oak,  37  ;  American  Oak,  41  ;  Ash,  47  ;  Elm,  645; 
Beech,  50-5;    Teak,  48;  Spamsh  Mahogany,  45;  Honduras    Do.  55;  Ma- 

Sle,  and  Riga  Fir,  47-8:  Larch.  65  8;  Piich  Pine,  536  ;  Oil,  39;  Proof  .'•'pirits, 
3-6 ;  Distilled  Water,  35-6  ;  Sea  Water,  347  ;  Grindstones,  17  ;  Brick  17. 

Weight  of  Various  Substakces:  —  lbs.  Avoirdupois.— \  cubic /oat  of 
bricks  weighs  124  pounds  ;  1  do.  of  clay,  130  ;  1  do.  of  sand,  or  loose  earth, 
95 ;  1  do.  of  common  soil,  124  ;  1  do.  of  cork,  15  :  1  do.  of  clay  and  stones,  160  ; 
1  do.  of  Marble,  171;  1  do.  of  Granite,  165  ,  1  do.  of  Cast  Iron,  450-55;  1  do.  of 
Wrought  Iron,  486-65;  1  do.  of  Steel,  489-8;  1  do.  Copper,  555;  1  do.  Lead, 
708-75 ;  1  do.  Brass,  53475  ;  1  do.  Tin,  430  ;  1  do.  While  Pine,  29-56  ;  1  do, 
Pilch  Pine,  41-8;  Ido.  Red  Pine.  41-5;  Ido.  Elm,  34-9;  Ido.  English  Oak. 
60-4;  do  do.  58-6;  1  do.  Canadian,  54  8  ;  Ido.  New  England  Fir,  34-9;  1 
do.  Sea  Water,  64-3;  1  do.  Fresh,  62-5.;  Ido.  Air,  -07529;  Ido.  Steam, 
•03689. 

Weight  of  a  Cubic  Inehin  Pounds.— Of  Lead  -410  lb. ;  Sheet  Copper  -323 ; 
Sheet  Brass  -304  ;  Sheet  Iron  -279  ;  Cast  Iron  -263  ;  Cast  Tin  -264  ;  Cast ; 
Zinc '245;  Plaiinnm,  rolled, -797 ;  do.  wire,  -762:  do.  hammeicd,  •735;  do. 
puiified,  -705:  do.  crude,  grains,  -566;  Gold,  hammered,  -701  ;  do.  pure  cast, 
'608;  do.  '20  carats  fine,  -567;  Silrer,  hammered,  -332;  do.  pure,  '378; 
Cast  e!iRel,-287;  do.  common  soft, -'284  ;  do.  hard  and  tempered, -2^ ;  Iron, 
bar,  •281 ;  do.  cast,  '261 ;  do  baaunered,'231. 


80 


DECIMALS    FOR   FACILITATING   CALCULATIONS. 


MULTIPLIERS    FOR    FACILITATING  CALCULATIONS; 

The  product  multiplied  bj'  the  Decimals  in  the  Table,  is  an  approxima- 
tion  to  the  Capacity  in  Gallons,  Weight  in  Pounds,  Bushels,  Square 
Feet,  Cubic  Feet,  Miles,  and  Yards. 

.00019      equal  miles. 

.00a5C8 

.007 

.0002007 

.005J6 

.0004516 

.02009 


Lineal  feet  muliiplied  by 

"         yards  " 

Sqaare  inches  " 

"  yards  " 

Circular  inches  " 

Cylindrical  inches  " 

feet  " 

Cubic  inches  " 

"  feet  " 

Cubic  feet  " 

"  inches  " 

Cylindrical  feet  " 

"  inches  " 

Cubic  feet  " 

"  inches  " 

Cylindrical  feet  " 

"  inches  " 

Cubic  feet  " 

"  inches  " 

l(  C(  <> 

Cylindrical  feet  " 

■(  (I  i( 

Cubic  inches  " 


Cylindrical  inches ' 


Avoirdupois  lbs. 


.00058 

.0)701 
7  477 
0.433 
5.868 

.(M)34 
6.2:32 

.00.3007 
4.895 

.002833 

.80356 

.0465 

.779 

.6312 

.61183 

.863 

.281 

.283 

.32-i5 

.3037 

.26 

.4 1  re) 

.2036 

4908 

.0356 

.036 

.037 

.0)3 

.2065 

.2168 

.2223 

.2533 

.2-335 

.2042 

.3223 

.207 

.3854 

.283 

.029 

.026 

.009 

.00015 


square  feet. 

acres 

square  feet. 

cubic  feet. 

cubic  yards. 

cubic  feel. 

ruhic  yards. 

United  Slates  gallons. 


Imperial  gallons, 


United  States  bushels. 


Imperial                " 

United  Slates  bushels. 

Imperial                 " 

lbs.  avs 

.  of  cast  iron. 

" 

wrought  " 

IC 

steel. 

l< 

copper. 

<( 

brass. 

<( 

zinc. 

(1 

lead. 

(t 

tin. 

It 

mercury. 

IC 

ice. 

<( 

fresh  water. 

^t 

salt  water. 

u 

oil. 

(C 

cast  iron. 

<i 

wrought  iron. 

<( 

steel. 

<( 

copper. 

<( 

brass. 

(1 

zinc. 

(( 

lead. 

(1 

tin. 

« 

mercury. 

<( 

fresh  water. 

«» 

salt  water. 

CI 

oil. 

cwts. 

tons 

ExaTttpUi  1. — Required  the  number  of  Gallons  contained  in  a  Ship's  Water 
Tank,  whose  interior  diameter  is  4J  feet,  and  depth  18  feet. 
4,5  X  4.5  X  18  X  5.868  =  2141.4  Gallons. 
Example  2. —  Required  the  weight  of  a  Cast  Iron  Cylinder  whose  diameter 
ts  5  inches,  and  length  6  feet. 

5  X  5  X  72  X  -2065  =  371.7  Pounds. 
Example  3.  —  Required  the  number  of  bushels  in  a  bin,  whose  interior 
kngth  is  10  feet,  breadth  6  feet,  and  depth  4  leet. 

10  X  6  X  4  X  .50356  =  192.8  Bushels. 


SQUARE   FEET   MEASUREMENT.  81 

READY    RECKONER, 

OR    THE 

MEASURER'S    COMPLETE    GUIDE. 


BOARD,    PLANK,    SCANTLING,    TIMBER,    LOG 

TABLES,    &.C.,    &c. 

For  ascertaining'  (in  an  expeditious  manner)  the  Number  of  Square 
Feet  in  Boards,  Pi.anks,  Pavkments,  Plastering,  Flooring, 
&c. — andihef'uBicAL  Feet,  or  Solid  Content,  in  Timber, Trees, 
Hewn  Timber,  Stone,  Boxes,  and  Packages,  &c. 
Rt;LE. —  In  muitipl3'ing  Decimals,  point  ofT as  many  righthastd  figures 
in  the  product  as  there  are  decimal  figures  in  the  multiplicand ;  the  figures 
on  the  left  hand  give  the  number  of  feet,  those  on  the  right  (he  decimal 
parts  of  a  foot. — (See  ExampUs  )     Decimals  signify  <en//(£;  thus,  the  deci- 
mal of  a  foot  is  the  tenth  purl  of  a  foot,  the  decimal  of  ihiit  tenth  \s  the  hun- 
dredth of  a  foot,  ind  the  decimal  of  that  hundredth  the  thousandth.   [See 
Table  of  Decimals  equivalent  to  the  Fractional  parts  of  a  Foot]. 

The  last  two  figures  of  Ike  Decimals,  (when  the  length  of  the  article 
consists  ofbut  afewfeet)  may  be  dropped,  and  the  remaining  figures  only 
multiplied, 

TABLE  OF    SUPERFICIAL,  OR.  FLAT  MEASURE, 

By  which  the  Content  in  Superficfal  Feet,  of  Boards,  Plank, 
Paving,  iSfC.,ofany  Length  and  Breadth  can  he  obtaim-d,  by  mul- 
tiplying  the  decimal  expressed  in  the  table  by  the  length  oftlie  board,  dj-c. 


Breadth 

lArea  of  a 

Breadth  lArea  of  a 

Breadth 

lArea  of  a 

Breadth 

lArea  of  a 

in  inchesllineal  foot. 

in  inches. 

[lineal  foot. 

in  inches. 

lineal  foot. 

in  inches 

1  lineal  foot. 

i 

.02t(8 

3i 

.2708 

H 

.5208 

»i 

.7708 

i 

.0417 

3^ 

.2916 

6& 

.5416 

94 

.7917 

1 

.0625 

n 

.3125 

6| 

•5625 

n 

.8125 

1 

.0834 

4 

.3334 

7 

.5833 

10 

.8334 

H 

.1042 

4i 

.3542 

7* 

.6042 

I'H 

.8542 

H 

.125 

4h 

.375 

U 

.625 

10^ 

.875 

n 

.1459 

4| 

.3958 

^ 

.64.58 

10| 

.8959 

2 

.1667 

5 

.4167 

8 

.6667 

11 

.9167 

2;; 

.1875 

H 

.4375 

^ 

.6875 

IH 

.9375 

2(1 

.2084 

H 

.4583 

11* 

.9583 

°i.. 

at 

,2292 

5| 

.4792 

8| 

.7292 

III 

.9792 

8 

.25 

6 

.5 

9 

.75 

12 

1.0000 

Example  I.  Required  the  number  of  square 
feel  ui  a  atrip  of  board  10  teei  loug  by  2  inches 
wide  ? 

Opposite  2  is  1607  which  multiplied  by  (X) 
10  equals  (=)  1  foot  8  inches. 

Erawple2.  Required  the  number  of  square 
feet  ill  a  board  or  plank,  41  (eet  long  by  24} 
inche.s  wide  ?  Opposite  J  is  -0025,  to  which 
add  2  to  the  left  of  the  decimal  for  feel  {when 
thr.  width  of  the  board  exceeds  1  Ij  inches,  add  1 
to  the  left  of  the  decimal  for  each  fool)  i  then 
a-OOaS  X  41  feet  =  84  feet  7  inches. 


•1667    . 
10. 

1-6670 

.Multiplicand 

.Multiplier. 

..Froduct. 

20625 
41 

20625 
825U0 

84-5625, 

Ans.SSfcet. 

82 


ROUND  TIMBER   MEASUREMENT. 


201-0640    iln*.262/Ml. 


244-6656  Ans.2i5/eet. 


Example  3.  The  pavement  of  a  side-walk 
is  40  feel  long  l>y  6  feel  6^  indies  wide  ;  re- 
qiiireit  the  iiumlier  of  square  feet.  Opposite 
6i  is  -5416.  to  wliidi  add  6  for  feel :  tAen, 6-5416 
X  40  =  201  feel  8  inches. 

ExampU  4.  A  room  measures  16  feel  by  15 
feet  3J  inches,  how  many  square  feet  of  floor- 
iiiar  does  it  coiiiain.  Opposiie  3^  is  -2910,  to 
which  add  15  for  feet;  tA«»,  15-2916  X  16  =  244 
feet  8  inches. 

If  yards  are  required  divide  the  Product 
by  9. 

Examples.  Required  the  number  of  square 
feet  in  a  board  14  feel  lone  15  inches  wide  at 
one  end  and  9  at  the  other?  {add  logelher  the 
width  of  ihe  two  ends  and  divide  by  2=12 
inches,  mean  width.)  Opposiie  12  is  1-  X  14 
^  14  feel. 

It  is  customary,  in  measuring  boards,  &c.,  to  count  as  nothing  all  fractions 
under  0  inches,  and  lo  count  as  one  fool  6  inches  and  all  fractions  over. 

ROUND    AND     EQUAL-SIDED    TIMBER    MEASURE. 

Table  for  ascertaining  the  number  of  Cubical  Feet,  or  Solid  Contents, 
in  a  Stick  oJ~  Round  ot  Equal-sided  Timber,  Tree,  d^c. 


i    Girt\Arta.    }    Girt    Area 

in      '    in         in  in 

Inches.]  Feet.  Inches.    Feet. 


•803 

•84 

•878 

•918 

•959 

!• 

1042 

1-0&5 

1-129 

1174 

1219 

1-265 

1313 

1^361 

1-41 

1-46 

1^5 11 

1-562 

1-615 


i   Gir 

\Area 

in 

tn 

Inches 

1  Ftet. 

151 

1-668 

15 

1-7-22 

16 

1-777 

16| 

1-8:33 

16i 

1-89 

lol 

1-948 

17 

2-006 

17A 

2-066 

17 

2-126 

17 

2-187 

18 

2-25 

18^ 

2-313 

18i 
181 

2-370 

2-442 

19 

2-500 

19 

2.574 

19 

2-04 

19 

2-709 

20 

2-777 

Rdlk.  Multiply  the  area  in  Feet,  corresponding  to  the  i  ih  GiW,  by  the 
length  of  the  Slick  of  Timber,  and  the  ^oi^uct  18  the  solidity  in  /icet  and  deci- 
mal parts  of  afoot. 

1-301 

Example   1.    A  slick  of  Timber  is  18  feet  18 

Jong  and  56  inches  gin,  how  many  cubic  feet  108^ 

does  it  contain  ?    Opposiie  14  is  1-361  which  jqqi 

X  18  =  24  feel  6  inches.  

24-498    Ans.24ifeet. 

Rule.  —  Ifa  tree,  orlimber,  is  fopmng-,  girt  it  about  one-third  of  the  way 
from  the  butt  lo  the  top;  —  or  add  together  the  area  at  ibe  two  ends, and 
divide  ihe  sum  hy  '2.  to  obtain  ihe  mean  girih  ;  or  Isike  the  girth  of  the  tree  at 
equal  distances  from  each  other,  add  all  the  girths  together,  and  divide  the 
sum  by  this  number,  for  the  mean  girth. 

It  is  usual  lo  alhiw,  on  account  of  the  bark,  in  oak  1-lOib  or  l-12th  part  of 
the  circumference,  beech,  ash,  dec.,  should  be  less. 


TIMBER   AND   STONE    MEASUREMENT. 


63 


TABLE,  SHOWING  THE  SOLID  CONTENTS  IN  TIMBER, 
BOXES,    PACKAGES,    &c. 

Rdlk  to  find  Solid  {or  Cobic)  Fket. — If  all  ihc  dimension?  are  in  Fert  multi- 
ply the  length  by  the  teidth  and  this  product  by  the  dei/th. — if  all  the  Diineii''ion.'«  are 
In  fett  and  ittckei,  reduce  the  whole  to  tncheji,  iind  multiply  the  length,  breadth  uud 
lUgth  together,  and  divide  the  product  liy  1728,  t<>  nlituin  cunic  I'eet. 

Tho  Width  and  Thickness  of  the  Timber  or  Pnckage  i*  given  ni  the  top  lines  of 
the  Tables.  The  column  on  the  leA  contaiiis,  first,  the  length  in  fert,  and  below  the 
length  in  inches.  If  the  length  of  the  Timber  or  Package  is  in  Feet  and  Inches,  add 
the  Feet  and  Inches  lot^ciher. 

If  a  Timber  or  P.ickiige  be  of  larger  Thickness  or  Breadth  than  is  contained  in  the 
Tables,  add  two  numbers  together,  or  double  a  number. 

If  the  Length  of  the  Timbe'r  is  n<>t  conliiiiied  in  the  Table,  take  twice  some  length, 
or  add  two  lengths  together.  Suppose  a  Timber  is  5  by  C  inches,  and  22  feet  long, 
lake  twice  11,  and  yoii  have  4  feet  3  inches. 


Vng 

5  Inches  Thick  6y 

6  Inches  Thick  by                 \ 

ft.'in 

6  B|  7  B   8  B 

9  B,10  II 

11  B 

12  B 

6  B,  7  B 

8  B   9  BIO  ti|ll  B;12  B| 

~'\- 

0   3   0   3   0   3 

0   4 

0    4 

0   5 

0    5 

0   3   0   4 

0   4   0   5'  0   5  0   6 

0    0 

2!- 

0   5;  0    6   0    7 

0   8 

0    8 

0    9 

0  10 

0   6   0    7 

0  8  0  9;  oiol  on 

1    0 

3 

— 

0    8:  0    91  0  10 

Oil 

1    1 

1    2 

1    3 

0   9   Oil 

1    0;  1   2    1    3 

1    5 

I    6 

4 

— 

0  lo!  1  oi  1  1 

1    3 

1    5 

1    6l  1    8 

1    0 

1    2 

14    16    18 

110 

2    0 

5 

— 

1  1 

1    3 

t    5 

1    7 

1    9 

1  11 

2    1 

1    3 

1    6 

1   8   1  11   3    1 

2    4 

2    6 

6 

— 

1   3 

I    6 

1    8 

1  n 

2    1 

2   4 

2   6 

1    6 

1    0 

3   0   2   3   3   0 

2   9 

3    0 

7 

— 

1    0 

1    S 

1  11 

2   2 

2    5 

2   8 

2  11 

1    9 

2    1 

2   4   2   8i  2  11 

3   3   3    6l 

8 

— 

1    3 

111 

2    3 

2   0 

2    9 

3    1 

3    4 

2    0 

2   4 

2    8  3    0   3    4 

3    8   4    01 

9 

— 

111 

2   2 

2    6 

2  10 

3    2 

3    5 

3    9 

2   3i  2    8 

3    ol  3    5    3    9 

4    2 

4    6 

10 

— 

2    1 

2   5 

2    9 

3    2 

3    0 

3  1(1 

4   2 

2   6 

2  11 

3    4   3   9   4    2 

4    7 

5    0 

11 

— 

2   4 

2   8 

3    1 

3   5 

3  10 

4   2 

4    7 

2   9 

3    3 

3   8   4   8    4    7 

5    1 

5    6 

12 

— 

2   a   211 

3   4 

3   9 

4    2 

4    7 

5    0 

3   0 

3    6 

4    0   4   6   5   0 

5   6 

6    0 

13- 

2    91  3    2 

3    7 

4    1 

4    0 

5    0   5   5 

3    3 

3  10 

4    4   4  115   5 

0   0 

6    6 

14- 

2  1l!  3    5 

3    1 

4    5 

4  10 

5    4   510 

3   0 

4    1 

4    8   5   3   51l> 

6   5 

7    0 

15- 

3    2   3    8 

4   2 

4   8 

5    3 

5   9   6   3 

3   9 

4    5 

5    0   5   8   0   3 

6  11 

7    6 

20  — 

4    2   4  lU 

5    7 

0   3 

6  11 

7   8,  8    4 

5   0   5  10 

0    8   7   6!  8   4!  9   2llO    Ol 

2.5 

— 

5    3;   6     1 

6  11 

7  11) 

8    8 

9   710   5 

6    3   7    4 

8   4    9   5  10   511    6,12    61 

30 

— 

6   37    4 

8   4 

9   5  10   5  11    6  12   0 

7    0   8    9ilO   Oil    3  12   613   9|15    Ol 

3G 

7    0   8   9 

10   0 

11   3  12    0,13   9,15   0 

9    0^10   6;i2    0il3   6,15    0,10   0|l8    0| 

~i 

0    U   0   0 

0*  U 

0   0 

0  0  0  0:  0  0 

0   0 

0   0 

0   0 

0   0   0    0  0   0   0    1 

— 

2 

0    0   0   0 

0    1 

U    1 

0    10    10    1 

0    1 

0    1 

0    1 

0    10    10    10    1 

— 

3 

0    10    1 

0    1 

0    1 

0    1    0    1>  0    1 

0    1 

0    1 

0    1 

0    10    10    10   2 

—'6   0    1    0    11  0   2   0   2 

0   2   0   2   0   3 

0   2   0    2'  0    2'  0   2'  0   3'  0   3'  0   3 

L'ng 

7  Inches  Thick  6y 

8  Inches  Thick  by 

ft.  in 

7  B 

8  B|  9  BilO  Bll  B|I2  B|13  B 

8  B 

9  B  10  B  1 1  B  12  U 

13  B 

14  B 

1  — 

0    4 

0   5   0   51  0   0   0    6 

0    7 

1)   8 

0   5 

0~o!"0~7  T~7iTli 

0   9 

0   9 

8  — 

0   8 

0   o:  Oil 

1    0|  1    1 

1    2 

1    3 

Oil 

1    0 

1113    14 

1    5 

1    7 

3- 

1    0 

12    14 

1    6 

1    7 

1    9 

111 

1    4 

1   6 

1    8    1  10   2   0 

2   2 

2   4 

4- 

1    4 

1    7;  I    9 

111 

2   2 

2   4 

2   0 

1    9 

2   0 

2   3   2   5;  2   8 

2  11 

3    1 

5  — 

1    8 

111 

2   2 

2   5 

2   3 

2  11 

3   2 

2   3 

2   0 

2   9   3    13   4 

3   7 

311 

6  — 

2    1 

2    4 

2   8 

2  11 

3   3 

3    0 

3  10 

2   8 

3   0 

3   4   3    81  4    0 

4    4 

4    8 

71- 

2    5 

3   9 

3    1 

3    5 

3    0 

4    1 

4    5 

3    1 

3   0 

3  11   4    3;  4    S 

5    1 

5   5 

8|- 

2    9 

3    1 

3  a 

311 

4    3 

4    3 

5    1 

3    7 

4   0 

4    5  4  11!  5    4 

5   9 

6   3 

9- 

3    1 

3    0 

3  11 

4    5 

4  10 

5    3 

5   8 

4    0 

4   6 

5   (1   5    6,  6   0 

C   6 

7   0 

10- 

3   5 

3  11 

4    5 

4  10 

5    4 

5  10 

0   4 

4    5 

5   0 

5   7   6    1    G   8 

7   3 

7    9 

ii!— 

3    0 

4    3 

4  10 

5    4 

511 

6   5 

6  11 

4  11 

506    169174 

7  M 

3   7 

12,— 

4    t 

4    8   5   3 

5  10 

6   5 

7    0 

7    7 

5   4 

6   0 

6   8   7    4   8    0 

3   8  9    41 

13  — 

4    5 

5    15   8 

0    4 

6  11 

7    7 

3   3 

5    9 

6   6 

7   3   711    8   8 

9   5'l0    11 

14  — 

15  — 

4    9  5    Si  6   2 

6  10 

7    6 

3    2 

8  10 

6   3 

7   0 

7   9,  8   7i  9   4  10    1  lOlir 

5    1   5  10   6   7 

7   4 

8    0 

8    9 

9   6 

6   3 

7  « 

8   4    9   2  10   0:10  10  11    81 

20  — 

6  10   7    9   8   9 

9   9 

10   8  11    8 

12   8 

8  11 

10  on    1  12   3  13   4lU    5!J5    7| 

25  — 

8   6'  9   9  lOU 

12   2 

13   4|14    7 

15  10 

11    1|12   613  11  15   3  10   8II8    l|t»   5 

SO- 

10   3  11    8 13   2 14    7 

10    1117    6 

19    0 

13   4'l5   0  16   8  18   4  20   0,21    S'J^   4 
16   0;i8   0  20   0  22    0  21    0I20   o!29    0 

SO— 

12   3  14    015   9117   0 

19   3  21    0 

22    9 

— 1  1 

00000000 

0    10    1 

0    1 

0   0  0  i 

0*1    0    1;  0   1 

0    1 

0    1 

— '  2 

0    1    0   1|  0    1    0    1 

0    10    1 

0    1 

0    10    1 

u  1  0  1;  0  1 

0    1 

0    2 

—1  3 

0    1   0   I   0    1    0    1 

0   3l  0   2 

0   2 

0    10   3 

0   2   0   2   0   2^ 

0    2 

0    2 

— '  6 

020203030   3'  0    4'  04; 

0   3   0  3   0   3'  0   4   0   4'  0    4'  0   5  1 

84 


TIMBER  AND  STONE  MEASUHEMENT. 


It »  Timber  be  lokokr  than  U  eonWned  In  the  Tables,  tike  twice  «ome  LKWorn,  or  nad  tw« 
LENOTiis  togetVfer.   If  the  Timber  is  :ir>  feet  long,  add  the  ftet  opposite  20  and  0  together. 

Vns 

9  Inches  Thick  by                   \ 

10  Inches  Thick  by               \ 

ft.Ati 

9  B  10  B  11  B  12  BVi  B.U  B| 

15  B 

10  B 

11  B 

12  B  13  B 

14  B  15  B| 

16  B 

1  — 

070808090  I0{ 

Oil 

Oil 

0    8 

0    9 

0  10!  0  11 

1    0 

1    1 

I    1 

2  — 

12    13    15    16 

1    8 

1   9 

111 

1    5 

1    6 

1    8 

110 

1  11 

2    1 

2    3 

3  — 

1    8    nil  2    1   2   3 

2   5 

2   8 

2  10 

2    1 

2    4 

2    6 

2   9 

2  11 

3    2 

3    4 

4  — 

23262930 

3   3 

3   0 

3    9 

a  9 

3    1 

3   4 

3    7 

3  11 

4   2 

4    5 

5  — 

2  10,  3    2,  3   5   3    9 

4    1 

4   5 

4    8 

3    6 

3  10 

4    2 

4    6 

4  10 

5   3 

5    7 

6- 

3    5   3    9|  4    2   4    6 

4  11 

5   3 

5    8 

4    2 

4    7 

5   0 

5    5 

5  10 

6    3 

6    8 

7  — 

3  U   4    5,  4  10   5   3 

5    8 

6   2 

6    7 

4  10 

5    4 

5  10 

6    4 

6  lU 

7    4 

7    9 

8  — 

4    6   5    0   5    GJ  6    0 

6    C 

7    0 

7    6 

5    7 

6    1 

6   8 

7    3 

7    9 

8   4 

811 

9  — 

5    1   5   8   6   2|  6    9 

7    4 

7  11 

8   5 

6    3 

Gil 

7    6 

8    2 

8    9 

9   5 

10    (1 

llt- 

5   S   6   3|  6  11   7    6    8    21 

8   9 

9   5 

Oil 

7    8 

8   4    9    0 

9    9 

10   5 

11     1 

I5I- 

8   5   9   510    4  11    3  12   i^Us   2 

14    1 

10   5 

11    6 

12   6  13   7 

14    7 

15   8 

16    8 

20  — 
25  — 

11    3; 
14    1 

12   6!13    0  15   0 

10   3! 17   6 
20    4  21  1 1 

18   9 
2:)    5 

13  1115   3 
17    4  19    1 

16   818    1 
20  10  22    7 

19   5  20  10  22   3 
24    4  26    1  27    9 

15   8,17   218   9 

30- 

1G1I;18   9.20   8  22   0  24    5'20   3  28   2: 

20  10  22  1125    0  27    1 

29   231   3.33    4 

3«- 

20   3  22   0124    9  27   0  29   3;31    6i33    Q 

25    0  27    6,30   0132   6 

35    037   lil40    0 

-\-^ 

0    1 

0   1 

0    10    10    10    1 

0    1 

iri 

0    10    1 

0    1 

0    10    1 

0    1 

-I -^ 

0    1 

0    1 

010   20202 

0   2 

0    1 

0    2    0   2 

0   2 

0    2    0    2 

0    2 

-3 

0   2   0   2 

0   2   0   2   0   2    0   3 

0   3 

0   2 

0    2   0   3 

0   3 

0    3    0   3 

0    3 

-1  6 

0   31  0    4I  0   4I  0   51  0   5'  0   51  0   6 

0    4    0    5'  0   5I  0    51  0    6i  0    6'  0    7 

~ 

11  Inehei  Thii-k  bij 

12  Inchf'S  Thick  by 

ft.  in 

11  Bjl2  B13  B.U  B,15  BIO  B 

17  B 

12  B,13  B,14  B,15  Bid  B.17  B|18  B 

~h— 

0  10   Oil 

10    11 

1    2i  1    3 

1    4 

1    0 

1    1 

1    2 

1    3;   1     4 

1    5 

1    6 

2 

_ 

I    8    1  10 

2   0   2    2 

2    4 

2   5 

2   7 

2    0 

2    2 

2   4 

2    6 

2    8 

2  10 

3    0 

3 

— 

2    6   2   9 

3   0   3    3 

3    5 

3    8 

311 

3    0 

3    3 

3    6i  3    9 

4    0 

4    3 

4    6 

4 



3    41  3   8 

4    0   4    3 

4    7 

4  U 

5    2 

4    0 

4    4 

4    S 

5    0 

5    4 

5    8 

0    0 

5|- 

4    2   4    7 

5   0   5    4 

5    9 

0    1 

0    0 

5    0 

5    5 

5  10 

0   3 

6    8'  7    ll  7    G 

0- 

5    15   0 

0   0    6    5 

Oil 

7    4 

7  10 

0    0 

6    6 

7    0 

7    0 

8    Oi  8    (il  9    0 

'i- 

5  11   0   5 

6  117    0 

8    0 

8    7 

9    1 

7    0 

7    7 

8    2 

8   91  9    4'  9  IMIO    6 

81— 

6    9   7   4 

711    8    7 

9   2 

9    9 

10   5 

3    0 

8   8 

9    4|10    0:10    bin    4|I2    0 

^1- 

7    7!  8   3 

8  11    9    8 

10   4 

11    ( 

11    8 

9    0 

9   OilO    Oil   3' 12    012    0I13    6 

io|— 

8   5!  9   2 

9  ll'lO    8 

11    0 

12   3 

13    0 

10    0 

10 10;  11    8!  12    6  13    4  14    2  15    0 

15  — 

12    7  13   914  1110    1 

17    2 

18    4 

19   6 

5    Olio   3!  17    Oils   920    0  21    3h.>2    fi 

20  — 

10  10  18   4119  10  21    5:22  11124    5 

20    0 

-•0    0.21    8,23    4  25  ^28    o|28    4130    () 

25— !2I    0  2-2  1 124  10  2(J    9128   8i30   7 

32   0 

25    0;27    1129    2  31    3133    4  35    5,37    G 

30  —'25   3  27   (i  29  10  32    1 
no  —'8(1    3  33   0.35   9.33   6 

3i   5,30   8 

39   0 

to    0,32   6  35    0.37   0  40    04 >    (il  15    0 

41    3 

41    0 

46    0 

10    0,39   0|42    0,45   0  4^    051    n|,',4    0 

-|~ 

0    i    0    1    0    1    0    1 

6    1 

0-1 

o~i 

0    1 

0    10    1 

0    1    0    J    0    1|  0    2 

_   2 

0    2   0   2   0   2   0   2 

0   2 

0   2 

0    3 

0   2 

0   2   0    2 

0   3    0    3   0    3    0   3 

-|3 

U    3i  0   3   0   3   0   3 

0    3 

0   4 

0    4 

0   3 

0   3    0    4 

0   4    0   4    0    4    0    5 

-1  G'  0    5'  0    6l  0    0!  0    0 

0    7 

0    7 

0    8 

0   G 

0    7    0    71  0    8!  0    9i  0    Oi  0    9 

Vng 

13  InckfS  Thirk  by                  |                  14  Inches  Tliiek  h,/ 

ft.  in 

13  B 

14  B|15  B 

10  B;17  B 

13  BI19  B 

14  Bil5  B|10  B 

17  B 

IS  B 

j9  B 

20  B 

~\\  — 

1    2 

1    3 

1    4 

1    5 

1    6 

1    8 

1    9 

1    4 

1    6 

1    7 

1    (^ 

1    9 

1  10 

1  11 

2  — 

2    4 

2   6 

2    9 

211 

3    1 

3    3 

3    5 

2    9 

2  11 

3    1 

3    4 

3   6 

3   8 

3  11 

3  — 

3    6 

3  10 

4    1 

4    4 

4    7 

4  11 

5   2 

4    1 

4    5 

4    8 

5    0 

5    3 

5   7 

5  10 

4  — 

4    8 

5    1 

5    5 

5    9 

0   2 

0    6 

CIO 

5    5 

5  10 

6    3 

0    7 

7    0 

7    5 

7    9 

5  — 

5  to 

0   4 

0    9 

7   3 

7    8 

8   2 

8    7 

6  10 

7    4 

7    9 

8   3 

8    9 

0    3 

9    9 

0  — 

7    1 

7    7 

8    2 

8    8 

9   3 

9   9110   4 

8   2 

8    9 

9    4 

9  11 

10   6 

11    1*11    8 

7- 

8   31  8  10 

9    0  10    lllli   9 

11    5112    0 

9  rt 

10    3 

10  11 

11    7 

12   3 

12  III  13    7 

8- 

9   510    1 

10  lO'll    7ll2   3113   0ji3    9 

10  11 

11    8 

12   5 

13   3 

14    0 

14    9  15   7 

9— '10   7111    512   2:13    0;i3  10H    8|l5    5 

12   3 

13    2 

14    0 

14  11 

15    9 

10    8  17   6 

10—11    9,12   813    7U4   515    4  10    3|]7   2 

13    7 

14    7 

15    7 

16   6 

17   6 

IS    6  19   5 

13  —  17    71)9   0  20   4i21    8  21    0  24    5  25   9 

>n   5|2I  11 

23   4 

24  10I26   3 

27    9  29    2 

20  —  23   6  25   3  27    1128  1130   S  32   0  34    4 

27   3129   2i31    1 

33    1135    0 

30  11 

3S  11 

25  —  29   4  31    7  33  10.30    1138   4 

40   8:42  11 

34    0:30    6!38  11 

41    443    9 

40    2 

48   7 

301  -35    337IIU0    8  43    4  40    1 

48   9:51    6 

10  10  43    9 

46   8 

49   7 

52   C 

55   5 

58   4 

:in'_'4-2   :M5   0  48   9  52   0,55    3 

58   OjOl    9 

19    0  52    6 

50   0 

59   6 

03   0 

60   0 

70   0 

ZI;~I|ir~l   Fl  "o""!    0    1 

0    2 

0   2"0"2 

T~l  'o~\ 

0   2 

6~2 

-0-2 

0   2 

-0~'2 

—   802030303 

0   3 

0   3   0   3 

0   3    0   3 

0   3 

0   3 

0   4 

0   4 

0    4 

_;  3)  0   4|  0   4|  0   4 

0    4 

0   5 

0   6   0   5 

0    4    0   4 

0   5 

0   5 

0   5 

0   6 

0   6 

— 

'  0 

1  0    7 

'  0   S 

I  0    8 

0   0'  U    9 

'  0  10 

'  010 

0   8 

0   9 

0   9 

0  10 

Oil 

Oil 

1    0 

TIMBER,    BOX,    PACKAGE   AND    STONE    MEASUREMENT. 


85 


Bappose  a  Package  9  feet,  lone 4  feet  broad  and  20  inches  thick?  oppoaitc  9  and  under  34 
Inehea  we  find  SO,  which  doiibleu  gives  GDfcct, —  the  answer.  If  the  Timl>eror  Package  ii  of 
Wrger  breadth  or  thickness  tluiu  is  contained  in  tlie  Table,  add  two  numbers  together. 


X';i« 

15  Inches  Thick  by 

16  Inches  Thick  by 

fi.in 

15  B 

16  B 

17  B 

IS  B  1 

9  B  20  B  21  B 

16  B  17  B|18  B,19  B,20  B,21  B,22  B 

1- 

1    7 

1    8 

1    9 

TTl 

2   0 

2    12   2 

l"9 

111 

2   0 

2    1 

2   3 

2   2   2   6 

%- 

3    2 

3    4 

3    7 

3    9 

4    0 

4    2   4    5 

3   7 

3   9 

4    0 

4   3 

4    5 

4    4    411 

3- 

4   8 

5    0 

5   4 

5   8 

5  11 

6   3   6    7 

5   4 

5   8 

6   0 

6   4 

6   8 

7   8    7   4 

1- 

6   3 

6    8 

7    1 

7   6 

711 

8   4    8    9 

7    1 

7    7 

8   0 

8   5 

311 

9   0   9    0 

6- 

7  10 

8   4 

8  10 

9   5 

9  11 

10   5  1011 

8  11 

9   6  10   Olio   7111    1 

11    4  12   3 

6- 

9    5 

10   0 

10   8 

11   3 

111 

12   6  13   2 

10   8 

1    4  12   0  12   8  13   4 

14    8  14    8 

7- 

10  11 

11   8 

12   5 

13   2 

3  10 

14   7  15   4 

12   6  13   3|14    0ll4    9]  15   7 

16    0  17    1 

8- 

12   6 

13    4 

14   2 

15   0 

5  10 

16   8  17    6 

14   3 

5    1  16   0  1611117   9 

18   -( 

19    71 

9- 

14    1 

15   0 

15  11 

1611 

710 

18   9  19    8 

16   0 

7   0  18    0  19    0  20   0  21    8:22    Ol 

10- 

15    8' 

16   8 

17   9 

18   9 

9  10 

20  10  21  U 

17    91 

3  11  20    0:21    122   3;23    0  21    5I 

15- 

•Xi    5 

25   0 

26   7 

28   2  29   8 

31   313210 

26   8  23   4  30   0'31    8.33    4  35   4  36   8 

20- 

31    3 

33   4  35   5i37   6|39   7 

41    8  43   9 

35    7  37   9  40   0,42   3  44    5  46   0  48  11 

25- 

39    1 

41    8  44   3:46  1149   6 

52    1 

54   8 

44   5  47   3  50   0,52   9  55   7  58   8  61    1 

30l- 

46  11 

50   0  53    2,50   3'59   5 

62   6 

05   8 

53    4  56   8  00   0l63    4  66   8  70   ^ 

73   41 

:')(■>  — 

56   3 

60   0  03   9,67   6l71   3 

75   0 

78   9 

64    0( 

J8   07 

2   0 

76   O^SO   0;S4    0l88    0| 

— ;" 

0   2 

0   2 

0   2 

0   2 

0   2 

0   2 

0   2 

0    2 

0   2 

0   2 

0    2 

0   2 

0    0   0    2 

— 1  ' 

0    3 

0   3 

0    4 

0   4 

0   4 

0   4 

0    4 

0    4 

0   4 

0   4 

0   4 

0    4 

0   2    0    5 

— • 

0    5 
0    9 

0   5 
0  10 

0    5 

n  R 

n  R 

0  6 

1  1 

0  7 

1  1 

0   5 
Olll 

0   6 
Oil 

0  6 

1  0 

0    6 

0  7 

1  1 

0   5    0    7 
17    13 

0 11  0 11'  1  0 

1    1 

ri 

17  Inches  Thick  by 

18  Inches  Thick  by               \ 

ft.i 

«  17  B 

18  B  19  B,20  B|21  6,22  3,23  B 

18  B 

19  I 

J  20  B 

21  B 

22  B 

23  B 

1- 

-20 

2   2   2   3 

2   4 

2   6 

2   7 

2   9 

2   3 

2   . 

5    2   6 

2    8 

2    9 

2  11 

2- 

-    4    0 

4    3   4    6 

4    9 

5    0 

5   2 

5   5 

4    6 

4 

)    5    0 

5   3 

5    6 

5    9 

3- 

-    6    0 

6    5   6    9 

7    1 

7   5 

7  10 

8   2 

6    9 

7 

2    7    6 

7  11 

8   3 

8    8 

4!- 

-    8    0 

8    6   9   0 

9   5 

9  1110   SllOlO 

9    0 

9 

3  10    0 

10    6 

11    0 

11    6 

5|- 

-  10   0 

10   8  11    3 

11  10 

12   5  13   O1I3    7 

11    3 

Ul 

1  12    6 

13    2 

13    9 

14    5 

6- 

-  12    1 

12    9  13    6 

14   2 

14  11  15    7  16   4 

13    6 

14 

3  15    0 

15    9 

16    6 

17   8 

7- 

-  14    1 

14  1115    8 

16   6 

17   4  18   2  19    0 

15    9 

16 

3  17    6 

18    5 

19   3 

20   2 

8- 

-  16    1 

17   0;i7  11  18  11 

19  10  20   9  21   9 

18    0 

19 

1)  20   0 

21    0 

22    0 

23    0 

9- 

-18    1 

19   2,20    2  21    3,22   4123   5  24    5 

20   3 

21    5j22   6 

23    8 

24    9 

2511 

10- 

-20    1 

21    3  22   5  23   7i24  10  26   0  27   2 

22    6 

23    9  25    0 

26   3 

27    6 

28,9 

15- 

-W    1 

31  lli33    8  35    5  37    2  39   0  40   9 

33    9 

35   8  37    6 

39    5 

41    3 

43   2 

20- 

-40    2 

42    6;44  10.47    3| 49    7151  11  51    4 

45   0 

47   6  50    0 

52    6 

55    0 

67   6 

25- 

-30   2 

53   2  56    159   0  62   0  64  1l'67  11 

56   3 

59    5162    6 

65   8 

68    9 

7111 

30- 

-60   3 

63   9  07    47OIOI74    5.77  1l:Sl    6 

67    6 

71 

3  75    0 

78   9 

82    6 

80   3 

36- 

-  72    8 

76    6  80   9  85   0,89   3 

93   0|97   9 

81    0 

85 

J  90   0 

94   6 

99    0 

103    6 

~ 

1    0    2 

0    2   0   2 

0   2 

0  a 

0   3 

0   3 

0   2 

0 

2    0   3 

0   3 

0    3 

0   3 



2    0    4 

0   4    0   4 

0   5 

0   5 

0   5 

0   5 

0   5 

0 

5    0   5 

0   6 

0   6 

0    6 



3    0    6 

0   6   0    7 

0   7 

0    7 

0   8 

0   8 

0   7 

0 

7    0   8 

0   8 

0    8 

0   9 

— 

6    1    0 

1    ll  1    1 

1    2 

1    3 

1    4 

1    4 

1    2 

1213 

1    41    1    5 

1    6 

Vn. 

? 

19  Indus  Thick  by              ]                 20  Inches  Thick  by                \ 

A,' 

«19  B 
-26 

20  B|21  B 

22  I 

J    23  B 

24  B 

20  B 

21  B 

22  B 

23  n 

24  B 

25  B 

2   8 

2   9 

21 

3    0 

3   2 

2   9 

211 

3    1 

3    2 

a  4 

3    6 

2- 

-50 

5   3 

5    7 

5  1( 

)     6    1 

6    4 

5    7 

5  10 

6    1 

6   5 

6   8 

6  11 

3- 

-76 

711 

8    4 

8   ! 

)     9    1 

9    6 

8   4 

8    9 

9   2 

9    7 

10   0 

10   5 

4- 

-  10   0 

10   7 

11    1 

11   " 

r   12  2 

12   8 

11    1 

11    8 

12   3 

12   9 

13    4 

13  11 

5- 

-  12   6 

13  a 

13  10 

14    t 

i  15  a 

15  10 

13  11 

14    7 

IS   3 

16    U 

16   8 

17    4 

6- 

-  15    1 

15  10 

16   8 

17   t 

>    18   3 

19   0 

16    8 

17   6 

18   4 

19   2 

20   0 

3010 

7- 

-  17   7 

18   6 

19   5 

20   < 

21   3 

22   2 

19   5 

20   6 

21   5 

22   4 

23   4 

24    4 

8- 

-20    1 

21    1 

22   2 

23   C 

)   24    3 

25   4 

22   3 

23    4 

24    5 

25    7 

20   8 

27    9 

9- 

-22   7 

23   9 

24  11 

26    5 

!   27    4 

28    6 

25    0 

26    3 

27   6 

28   9 

30   0 

31    3 

10- 

-25    1 

26   5 

27   9 

29    ( 

)   30    4 

31    8 

27    9 

29    2 

30   7 

31  11 

33   4 

34    9 

15- 

-  37   7 

39   7!41    7 

43    ' 

r  45  6 

47    6 

41    8 

43    9 

4510 

47  11 

60   0 

52    1 

20- 

-50   2 

52   9155   5 

53    1 

60   8 

63    4 

55    7 

58   4 

61    1 

6311 

66  8 

69    5 

25- 

-62   8 

66   0 

69   3 

72   • 

r   75  10 

79   2 

69   5 

72  11 

76   5 

79  10 

83   4 

86  10 

30- 

-75   3 

-9   2 

83   2 

87    ] 

91    1 

95    0 

83   4 

87   « 

91   8 

9510 

100   0  104    2| 

36- 

— 

-90    3 
10   3 

95   0 
0   3 

99   9 
0    3 

104   ( 

J  109   3 

114    0 

00   0 

105    0 

110   U 

15   0 

120   0 

125    0 

0   I 

i     0   3 

0   3 

0   3 

0   3 

0   3 

0   3 

0   3 

0    3 



2   0   5 

0    5 

0    6 

0   ( 

S     0   6 

0   6 

0   6 

0   6 

0   6 

0   0 

0   7 

0    7 

— 

3    0   8 
61  1    3 

0    8 

0    8 

0   i 

)     0    9 

0  10 

0   8 

0   9 

0   9 

0  10 

0  10 

0  10 

— 

1    4 

1    5 

1   i 

>      1    6 

1   7 

1    5 

1    6l     1    6l 

1    7      1    81 

1    9 

86 


PLANK    MEASURE. 


PLANK   4ND   SCANTLING   MEASURE. 


If  a  Plank  be 

lonRer 

than  is 

represented 

in  I 

le  Table 

s,  then  lake 

twiet 

some  length.    If  shorter  take  i  or  j  of  some  length. 

8r~ 

2  Inches  Thick,  by  10  to  28  Inches  Wide.                        | 

^"^ 

10  11  12  13,14 115| 

16; 

17 

18:19 

20;   21 1   22 

231   24j    25 

20    271   28 

13 

22  24  26  2 

3  30  33 

351 ; 

J7 

39i41 

~43 

46 

48 

~5o'~52 

54 

SO-SO"^! 

14 

23  26:  23,  3 

0  33,35 

37 

10 

4i. 

44 

47 

49 

51 

54 

56 

58 

61     63     63 

15 

25  281 30; 3 

3  3. 

5  33 

4o! 

13 

4£ 

48 

50 

53 

55 

58 

60 

63 

651    68     70 

16 

27,  29  32  3 

5  3 

J  40 

43, 

15 

4S 

51 

53 

56 

59 

61 

64 

67 

69 

72     75 

17 

28  31  34  3 

7;4( 

)43 

45 

IS 

51 

54 

57 

60 

62 

65 

68 

71 

74 

77    79 

13 

30  33  36  3 

9  41 

>  45 

43, 

51 

54 

57 

00 

63 

66 

69 

72 

75 

78 

81     81 

19 

32  351 39  4 

14 

43 

51 

54 

5- 

60 

03 

67 

701   73 

76 

79 

82i   86     fcO 

20 

33  37! 40  4 

3  4- 

1  50 

53  57 i  6C 

63 

67 

70 

73    77 

SO 

83 

87 1    90     93 

21 

35  39^  42  4 

6  4< 

)  53 

56  60 

6C 

67 

70 

74 

77    81 

84 

68 

91 1    95     93 

22 

37,  40  44  4 

8  5 

55 

59  62 

6C 

70 

73 

77 

81    84 

88 

92 

95!    99  103 

23 

38  42  46  5 

0  5 

1  58 

61  65 

6t 

73 

77 

81 

84    88 

92 

96 

100]  104  107 

24 

40  44  4S  5 

2  5( 

5  60 

()4  63 

7S 

70 

80 

84 

88    92 

96 

100 

104,  108  112 

25 

42  46  50  5 

4  55 

5  63 

67  71 

7f 

79 

&3 

83 

92    96 

100 

104 

108i  113  117 

26 

43'  48!  52  5 

6  6 

I  05 

69  74 

75 

82 

87 

91 

95  100 

104 

108 

113  117  121 

27 

45:  50  54  5 

9  63;  OS 

72  77 

81 

86 

90 

95     991104 

108 

113 

117,  122  126 

23 

47151  56  0 

1  65170 

75  79 

81 

89 

93 

98' 103  107 

112 

117 

121,126  131 

29 

48  53, 58  6 

3  63  73 

77  82 

8- 

92 

97 

102  106  111 

116 

121 

126:  131  135 

30 

501  55  60  6 

5  70'  75'  80  85 

9f 

95 

1001  1051  1101115 

120'  125 

130  135  140 

Sr- 

2  1-2  Inches  Thick  oy  10  to  27  Inches   Hide.                     | 

5^ 

10 

11|  12  1 

3  14  15 

16    17 

18 

19 

20    21 

22 

23 

24 

25|   26 

27 

13 

27 

30  33  3 

5  38*  41 

43' 46 

49 

51 

~54 

57 

60 

62 

65 

08 

70 

73 

14 

29 

32  35  3 

8  41  44 

47    50 

53 

55 

58 

61 

64 

67 

70 

73 

76 

79 

15 

31 

34  3e  4 

1   44' 47 

50    53 

56 

59 

63 

66 

69 

72 

75    78 

81 

84 

16 

33 

37:  40  4 

3   47  50 

53 

57 

60 

63 

67 

70 

73 

77 

80 

83 

87 

90 

17 

35 

39,  43  4 

6  50  53 

57 

JO 

a 

67 

71 

74 

78 

81 

85 

89 

92 

90 

16 

38 

41  45  4 

9  53  56 

60 

64 

68 

71 

75 

79 

83 

86 

90 

94 

98 

101 

19 

40 

44  43  5 

1  55  59 

63 

67 

71 

75 

79 

83 

87 

91 

95 

99 

103 

107 

20 

42 

46  50  5 

4  53  63 

67 

71 

75 

79 

83 

68 

92 

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100  104 

1081  113 

21 

44 

48  53  5 

7  6166 

70 

74 

79 

83 

88 

92 

96 

101 

105  109 

1141118 

22 

46 

50  55  C 

0  64  69 

73 

78 

&3 

87 

92 

96 

101 

105 

110  115 

1191124 

23 

48 

53  58  C 

2  67;  72 

77 

81 

86 

91 

96 

101 

105 

110 

115  120|  1251 129 

21 

50 

55  60  e 

5  70  75 

80 

85 

90 

95 

100 

105 

110 

115 

120  125j  1301  135 

25 

52 

57  63  6 

S  73  78 

83 

89 

94 

99 

104 

109 

115 

120 

125  130  135  141 

26 

54 

60  65  7 

0  76  81 

87 

92 

08 

103 

108 

114 

119 

125 

130  135  141  146 

27 

56 

62  68  7 

3  79!  84 

90 

96 

101 

107 

113 

118 

124 

129 

135  141   146:152 

28 

58 

04  70  7 

6  82  88 

93 

99 

105 

111 

117 

123 

128 

134 

140  146  152' 158 

29 

60 

60  73  7 

9  85' 91 

97 

103 

109 

115 

121 

127 

133 

139 

145  151  1571 1(5:} 

30 

63 

69  75  g 

1  88l94|100|106| 

113 

119 

1251 131 

138 

144 

150  156  163  169 

^r 

3  Inches  Thick  by  10  to  27  Inches  Wide.                         \ 

^^ 

10 
33 

11 

36 

12 
39 

13 
42 

14 
46 

15 

49 

i- 
52 

17 
55 

18 

~59 

19 
62 

20 
65 

21 

~08 

22    23|   24|    35]   SG| 

13 

72    75 

78     61 

65 

14 

35 

39 

42 

40 

49 

53 

56 

60 

63 

67 

70 

74 

77     81 

84 

88 

91 

1  15 

38 

41 

45 

49 

53 

56 

60 

64 

68 

71 

75 

79 

83    86 

90 

94 

98 

16 

40 

44 

48 

52 

50 

60 

64 

68 

72 

76 

80 

84 

88|    92 

96 

100 

104 

17 

43 

47 

51 

55 

60 

64 

68 

72 

77 

81 

85 

89 

94 

98 

102 

106 

111 

18 

45 

50 

54 

59 

63 

68 

72 

77 

81 

66 

90 

95 

99 

104 

108 

113 

117 

19 

48 

52 

57 

62 

67 

71 

76 

81 

86 

90 

95 

100 

105 

109 

114 

119 

124 

20 

50 

55 

60 

65 

70 

75 

80 

85 

90 

95|100 

105 

110 

115 

120 

125  1301 

21 

53 

58 

63 

68 

74 

79|    84 

89 

95 

100  105 

110 

116 

121 

126 

131  1371 

22 

55 

61 

66 

72 

77 

83 

88 

94 

99 

105  110 

116 

121 

127 

132  13ai 143  1 

23 

58 

63 

69 

75 

81 

Sfl 

9? 

98 

104 

109115 

121 

127 

132 

138  1'<4|150| 

24 

60 

66 

72 

78 

84 

9C 

96 

102 

108 

114  120 

126 

132 

138 

144 

150  156 

25 

63 

69 

75 

81 

88 

94 

100 

106 

113 

1191125 

131 

13S 

144 

150 

156  lft3 

26 

65 

72 

78 

85 

91 

9e 

104 

111 

117 

124  130 

137 

143:  150 

156 

163  169 

27 

68 

74 

81 

83 

95 

101 

108 

115 

122 

1281 135 

142 

149!  155'  162 

169  176 

28 

70 

77 

84 

91 

98 

IOC 

112 

119 

126 

133  140] 147 

1541 161 1  168 

175'  182 

29 

73 

80|87 

94 

102 

VK 

116  123 

131 

1381 145  152 

160  167; 174 

181  189 

30 

75 

83190 

98 

105  11131120  123 

135 

143,  l50|15S,165i  1731 1801 188i  195 1 

PLANK   MEASURE. 


87 


PlvANK  AND   SCANTLING    MEASURE. 

If  a  Plank,  or  Scantling,  be  longer  ilian  is  reprcsenied  in  the  Tables,  tak« 
ttvice  some  length  given  in  ihe  Tables,  or  add  two  lengths  together ;  if  wider, 
lake  two  widths;  if  both  longer  and  wider,  double  the  contents  of  such  num- 
ber in  the  Tables  as  will  give  the  same  length  and  width   required. 


^r- 

3  1-2  Inches  Thirk  by  10  to  26  Inches  Wide.                      | 

5^ 

lOi    11{    12     18{ 

14 

15 

16 

17 

18 

19,   20|   21 

22    23 

24    25 

26 

13 

IsriS  ~46 

49 

~53 

57 

01 

64 

OS 

~72~76~60 

a3|~87 

~9i    95 

99 

14 

41    45    49 

53 

57 

61 

05 

69 

74 

73 '    62    86 

90    94 

98  102 

lOfi 

15 

44     48    53 

57 

61 

66 

70 

74 

79 

83!   68    92 

90|  101 

105  109 

114 

16 

47    51!   56 

61 

65 

70 

75 

79 

84 

89    93    98 

103! 107 

112  117 

121 

17 

50 

55 

60 

64 

69 

74 

79 

84 

89 

94    99 

104 

109  114 

119  124 

129 

IS 

53 

58 

03 

68 

74 

79 

84 

89 

95 

100  105 

110 

lie, 121 

126  131 

1.37 

19 

55 

61 

67 

72 

78 

S3 

89 

94 

100 

105  111 

lie 

122, 127 

133  139 

144 

20 

58 

64 

70 

76 

82 

88 

93 

99 

K)5 

111  117 

123 

128 

134 

140  140 

152 

21 

61 

67 

74 

80 

m 

92 

98 

104 

110 

116  123 

129 

l:}5 

141 

147  153 

159 

22 

64 

71 

77 

83 

90 

96 

103 

109!  116! 122  128 

135 

141 

148 

154  160 

167 

2J 

67 

74 

81 

87 

94 

101 

107 

114 

121 

127  134 

141 

148 

154 

161  163  174 

24 

70    77 

84 

91 

98 

105 

112 

119 

126 

133  140 

147 

154 

161 

108  175  182 

25 

73 

80 

88 

95 

102 

109 

117 

124 

131 

139 

146 

153 

160  108 

175  182  190 

26 

76 

83 

91 

99 

MO 

114 

121 

129 

137 

144 

152 

159  167!  174 

182  190  197 

27 

79 

87 

95 

102 

110 

118 

126 

134 

142 

150 

158 

105j 173!  181 

189  1971205 

28 

82 

90 

98;  106 

514 

123 

131 

139 

147 

155 

163 

I72I 180,  188 

196  204  212 

29 

85 

a3 

1021 110 

118 

127 

135 

144 

152 

161 

169 

178' IbO' 195;  203  211  2201 

30 

88 

96 

105! 114 

123 

131 

140 

1491  158 

166  175 

184!l93  2011210  219  22g| 

!^ 

4  Inches  Thick  bv  10  to  26  Indus  Wide.                           1 

10|    11 1    12|    13 

14 

15|    16 

17|    18|    19 

20 

21{   22|    23|   24{   25|    26 

13 

43 

48!    62 

56 

61 

65!   69 

74;    78 

62 

87 

~9T|~95  looiloii  lOSi  ll5 

14 

47 

51 

5C 

61 

05 

70    75 

79!    84 

89 

93 

98 

1031 107  112  117  121 

15 

50 

55 

60 

65 

70 

75    60!   63;   90 

95 

100 

105 

110! 115  120  125  130 

16 

53 

SO 

64 

69 

75 

60    85 

91    96 

101 

107 

112 

117  123  128; 133  139 

17 

57 

62 

«8 

74 

79 

85    91 

96! 102 

108 

113 

119 

125  130!l36  142 

147 

13 

60 

66 

72 

78 

84 

90'   96 

102  108! 114 

120 

126 

132  138  144  150 

150 

19 

63 

70 

76 

62 

S9 

95  101!M)8  114!  120 

127 

133  139!  140' 152  158 

l(i5 

20 

67 

73 

60 

87 

03 

100  107  113  120l]27 

133 

140  147:  153  100  107 

173 

21 

70 

77 

84 

91 

981105  112  119  126,  ia3 

140|147|154!101'1C8  175 

182 

22 

73 

81 

88 

05 

103  110  117  125  132  139 

147  IS-j'lOl   109  170  183 

191 

2;j 

77 

84 

92'  100 

1071  115  123  130  138  146|  1531  101'  109;  ITC  184  192 

199 

24 

60 

88 

90  104 

U2!  120  128  136  144  152  100;  168'  1~<i\  184  1<.)2  2<K) 

208 

25 

83 

92 

100' 108 

ini  125  133  142  150i  158  107[  175  183,  192;  200  2(IS 

217 

90 

87 

95;  104^113 

121   130  139  147  150  105  173  182; liUl  199  208  217 

225 

27 

90 

99ilOS  117 

120  135  144  153  162  171 j 180, ISOi  198' 207  216  225 

2:34 

28 

93:  im]  J 12  121 

131  140  119  159  108!  177i  l«'  196' 205  215  224  2:}3 

243 

211 

97'  106;  116' 126 

135  145  155  104  174[  1?4' 193203  213  222' 232  242 

251 

3(1 

100  110  120;  130 

14t)  150  160  170  Ito:  190  200  210  220  2.30  240  250!  2e0| 

5  Inches  Thick  by  10  to  26  Inches  Wide.                          | 

:4^ 

10 

11 

12 

13 

14|    15 

16 

17|    18     19|   20 

21|   22;    23|   24}  25 

30 

13 

~54 

~60 

65 

70 

761   81 

~87 

~92  ~98  IrailoS 

114 

no!  125!  130, 135' 

141 

14 

58 

64 

70 

76 

82    8« 

93 

99  ia5  111 

117 

123 

128:134  140  146 

152 

15 

63 

69 

75 

81 

88    94 

HX) 

106  113|  119 

125 

131 

13S' 144   150'  156 

103 

16 

67 

731   fcO 

57 

93'  1001 107 

1131 1201 127 

133 

140' 147!  153  190  107 

173 

17 

71 

1-     ■-.")     ('•_' 

99  100!  113 

120  128  135l 142 

149: 150  103  170,177 

164 

18 

75 

Si     !  n     ;■- 

I(i.->  1 13  120: 1281  135  1431150 

158  165   173  180  189 

195 

19 

79 

f-:    "■;  III- 

111119  127  135  143  ]50;i58 

160  174  1P2  190!  198 

206 

20 

83 

92   lilt)   l(h 

117   ILT)  133142  150  158  167 

175: 183  192  200  208 

217 

21 

88 

9<);  105   111 

123  131,  140  149!  158  166  175 

184  193  201  210  219  2281 

22 

92 

101    no   ll!i 

12--  I3S  147  150  165;  174  183 

193  202  211  220  229  2.381 

23 

96 

105,  115:iJ5 

134'  144: 153  103  173'  182  192;  201  211  220  230'  240;  249 

24 

100 

110,120'  130 

140  1.50  100  170  180  190  2fl0  210  220  230  240250;  200 

25 

104 

115j 125   135 

140  150  167  177   ls8  198  208  219!  229  240  250  200,271 

2« 

108 

119; 130!  141 

152  163  173' 184  195  200217  228  23S  249  200  271|2fe2 

27 

113 

I24,l;}5  146 

158  109,180  191  203  214  225  236*  246  259  270  281:293 

28 

117;  128'  I4( 

if^*> 

163  175  187  198  210  222  23:3  245  257  208  280  292  303 

IDZ 

29 

121! 133' 145  J57 

169  181   193  205  213  2.30  242  254  200  278  290  302  314 

30 

125;  138  150  163 

175  186  200;  213  225  238  2.50  203  275  288  300l313  323 

SCANTLING  REDUCED   TO   ONE  INCH   BOAKD   MEASURE. 


SCANTLING    AND   TIMBER  MEASURE 


REDUCED     TO     ONE     INCH     BOARD     MEASURE, 


EXPLANATION.  —  To  ascertain  the  number  of  Feet  of  Scantling  or  Timber, 
say  18  Feet  Long  and  2  by  3  Inches.  Find  2  by  3  in  the  top  columns,  and  18 
in  the  left  hand  column,  and  under  2  by  3  and  against  18  is  9  feet. 

If  the  Scantlingis  longer  than  contained  in  the  Table,  add  two  lengths  together. 
If  shorter  take  part  of  some  length. 

The  preceding  pages  also  cantata  Scantling  and  Plank  Measure. 


2.22.3 
"aT 

3.6 

4. 

4.6 

5. 

5.6 


Thickness  and  Width  in  Inches. 
2.4  2.5  2.6  2.7  ,2.82.9  3.3  3.4  3.5  3  63.7  3.8  3.9  4.4  4.5 


.1. 

4.  I 

4.81 

5.4; 

6.  i 


6.6 

7. 

7.6  10 
10.8 

8.6  11.4 
12 
12.8 

10.  13.4 
10.6  14. 

11.  |l48 
11.6;I5.4 

12.  il6. 
12.6  16.8 
15.  j20. 
17.    22.8 
20.  126.8 


5. 

5.10 
6.8 
76 
8.4 
9.2 
10. 
10.10 
11.8 
12.6 
13.4 
14.2 
15. 
15.10 
16.8 
17.6 
18.4 
19.2 
20. 
20.10 
25. 
28.4 
33.4 


7. 
8.2 
9.4 
10.6 
118 
12.10 
14. 
15.2 
16.4 


17.6  ;20, 
18.8  ;2I, 
|19.10'^. 
'21.  24, 
!22.2  25. 
i23.4  26. 
J24.6  28, 
25.8  |29. 
26.10  30. 
|28.  132, 
129.2  33, 
135.  40, 
39.8  45, 
46,8  '53. 


9. 
410.6 

8  12. 

13.6 
4  15. 
8  16.6 

18. 
4  19.6 
8  21. 

12-3.6 
4  24. 


4.6!  6. 

5.3!  7. 

6.  i  8. 

6  9!  9. 

7.6; 10. 

8.311. 

9.  il2. 

9.913. 
10.6!l4. 
11.315. 
12.  1 16. 


8  25.6  12.9  17. 
.  ,27.  Il3.h;i8. 
,4  28.6  14.3  19. 
8!30.  il5.  i20. 
,  31  6,15.9  21. 
,4  33.  S  16.6  22. 
,6  34.6  17.3  23. 
.  36.  ]18.  24. 
,4  37.6  18.9  25. 
,  45.  22.6  30. 
,4  51.  i25.6  34. 
,4  60.  i30.0  40. 


7.6   9. 
8.9  10.6 

10.  ;i2. 

11.3  13.6 
12.6  15. 
13.9  16.6 
15.  il8. 
16.3  19.6' 
17.6  21. 
18.9  23.6 
20.  [24. 
21.3  25.6 
22.6  27. 
23.9  28.6 
25.  |30. 
26.3  31.6 
27.6  33. 
28.9  34.6 
30.    36. 
31.3  37.6 
37.6  45. 
42.6  51. 
50.    60. 


IU.6  12. 
12.3;i4. 
14.  ;i6. 
15.9  18. 
17.620. 
19.3  22. 
21.  24. 
22.9  26. 
24.6  28. 
26.3  30. 
23.  ;32. 
29  9  34. 
31.6  36. 
33.3.38. 
35.  |40. 
36  9  42. 
38.644. 
40.346. 
42.  ,48. 
43.9  50. 
52.6  00. 
59.6  (:8. 
70.  '80. 


13.6    8.    10. 
16.9   9.4  11.8 
18.  |10.8  13.4 
20.3  12.     15. 
22.6' 13.4  J6.8 
24.9' 14.8  18.4 
27.    16.    20. 
29.3,17.4  21.8 
316;18.8  23.4 
33.920.    25. 
36.  |21.4  2fi.8 
38.3,22.8  28.4 
40.6  24.  130. 
42.9:25.4  31.8 
45    I26.S33.4 
47.3  28.  :35. 
49.6;29.4  36.8 
51.9  30.8,38.4 
54.  |32.  140. 
50.333.441.8 
67.6|4().  I50. 
76.6'45.4  56.8 
90.  '53.4  6G.8 


Thickness  and  Width  in  Inches, 


4.6 



12. 
14. 
16. 
18. 
20. 
22. 
24. 
26. 
28. 
30. 
32. 
34. 
36. 
38. 
40. 
42. 
44. 
46. 
48. 
50. 
60. 
68. 
80 


4.7 

48 

4.9 

14. 

16. 

18. 

16.4 

18.8 

21. 

18.8 

21.4 

24. 

21. 

24. 

27. 

234 

26.8 

30. 

25.8 

29.4 

33. 

28. 

32. 

36. 

30.4 

:i4.8 

39. 

32.8 

37.4 

43. 

35. 

40. 

45. 

37.4 

42.8 

43. 

39.8 

45.4 

51. 

42. 

48. 

54. 

44.4 

50.8 

57. 

46.8 

53.4 

60. 

49. 

56. 

63. 

51.4 

58.8 

66. 

53.8 

61.4 

69. 

56. 

64. 

72. 

59.4 

66.8 

75. 

70. 

80. 

90. 

79.4 

90,8 

102 

93.4 

106.8 

120. 

5.5 

5.6 

5.7 

5.8 

5.9 

6.6 

12.6 

15. 

176 

21). 

2a.6 

18. 

14.7 

17.6 

20.5 

23.4 

26.3 

21. 

16.8 

20. 

23.4 

26.8 

30. 

24. 

18.9 

22.6 

26.3 

30. 

3:1.9 

27. 

20.10 

25. 

29.2 

33.4 

37.6 

30. 

22.11 

27.6 

32.1 

35.8 

41.3 

33. 

25. 

30. 

35. 

40. 

45. 

.36. 

27.1 

32.6 

37.11 

43.4 

48.9 

39. 

29.2 

35. 

40.10 

46  8 

52.6 

42. 

31.3 

37.6 

43.9 

50. 

56.3 

45. 

33.4 

40. 

46.8 

53.4 

60. 

48. 

.35.5 

42.6 

49.7 

56.8 

63.9 

51. 

37.6 

45. 

52.6 

60. 

67.6 

54. 

39.7 

47.6 

.55.5 

(i3.4 

71.3 

57. 

41.8 

50. 

58.4 

66.8 

75. 

60. 

43.9 

52.6 

61.3 

70. 

78.9 

63. 

45.10 

55. 

642 

r3.4 

82.6 

66. 

47.11 

57.6 

67.1 

768 

86JJ 

69. 

.50. 

60. 

70. 

80. 

90. 

7-2. 

.52.1 

62.6 

72.11 

83.4 

93.9 

75. 

626 

75. 

87.6 

100. 

112.6 

90. 

70.10 

85. 

99.2 

113.4 

127.6 

102, 

83.4 

100. 

1168 

133.4 

1.50. 

120. 

21. 
24.6 
28. 
31.6 

;». 
39.6 

42. 

45.61  52. 

49.  56. 

52.6  60. 


6.9.610 

"277  30. 

31.6  35. 

36.  40. 

40.6  45 

•4.5.  50. 


56. 

59.6 

63. 

66.6 

70. 

73.6 

77. 

80.6 

84. 

87.6 

1 105. 

1119. 

1140. 


49.6 
!  54. 

i  58.6 
I  a3. 
;  67.6 
i  72. 
!  76.6 

i  85.6 

:  90. 

;  94.6 

i  99. 
103.6 
I(i8. 
112.6 

'1.35. 

il-53. 

1 180. 


55. 

60. 

65. 

70. 

75. 

80. 

85. 

90. 

95. 
100. 
105. 
110. 
115. 
120. 
125. 
150. 
170. 
200. 


SCANTLING   REDUpED   TO    ONE    INCH    BOARD   MEASURE.         89 


J 

Thickness  and   Width  in  Inches.                          | 

611 

612 

7.7 

7.8 

7.9 

7.10  7.11 

7.12;  8.8  1 

8.9 

8.10|8.11|8.12| 

b 

33. 

36. 

24.6 

■  "287 

31.£ 

35. 

i   38.6 

42. 

32. 

36. 

40.   1   44. 

48. 

7 

38.6 

42. 

2a7 

32.8 

36.8 

40.1( 

)    44.1) 

49. 

37.4 

42. 

46.8    51.4    56.  1 

8 

44. 

48. 

32.8 

37.4 

42. 

46.8 

51.4 

56. 

42.8 

48. 

53.4    58.8    64.  1 

9 

49  6 

54. 

36.9 

42. 

47.3 

52.6 

57.9 

63. 

48. 

54. 

60.      66. 

72. 

10 

55. 

60. 

40. 1( 

)    46.8 

52.6 

58.4 

64.2 

70. 

53.4 

60. 

66.8!   73.4 1   80.  | 

11 

60.6 

66. 

44.1 

51.4 

57.S 

64.2 

70.7 

77. 

58.8 

66. 

73.4;   80. 

8    88.  1 

12 

66. 

72. 

49. 

56. 

63. 

70. 

77. 

84. 

64. 

72 

80. 

88. 

96.  1 

13 

71.6 

78. 

53.1 

60.8 

68.3 

75.1( 

)    83.5 

91. 

69.4 

78. 

86.8 

95.4  104.  1 

14 

77. 

84. 

57.2 

65.4 

73.6 

81.8 

89- 1( 

98. 

74.8 

84. 

93.4 

102.8  112.  1 

15 

82.6 

90. 

61.3 

70. 

78.9 

87.6 

96.3 

105. 

80. 

90. 

100. 

110. 

120.  1 

16 

88. 

96. 

65.4 

74.8 

84. 

93.4 

102.8 

112. 

85.4 

96. 

106.8 

117.41128.  1 

17 

93.6 

102. 

69.5 

79.4 

89.3 

99.2 

109.1 

119. 

90.8 

102. 

113.4;  124.81 136.  1 

18 

99. 

108. 

73.6 

84. 

94  6 

105. 

I115.S 

126.      96. 

108. 

120.  !l32. 

144.  1 

19 

104.6 

114. 

77.7 

89.8 

99.9 

IIO.K 

)  121.11 

133.  i 101.4 

114. 

126.8 

139.4  152.  1 

20 

HO. 

120. 

81.8 

93.4 

105. 

i  116.8 

i 128.4 

140. 

106.8 

120. 

133.4 

146.8  IbO.  1 

21 

115.6 

126. 

85.9 

98. 

110.3 

;  122.6 

i  134.9 

147. 

112. 

126. 

140. 

154. 

168.  1 

•22 

121. 

132. 

89.  IC 

102.8 

115.6 

128.4 

141.2 

154. 

117.4 

132. 

146.8 

161.41176.  i 

23 

126.6 

138. 

93  11 

!  107.4 

120.9 

1 134.2 

147.7 

161. 

1K.8 

138. 

153.4  168.8(184.  | 

24 

1.32. 

144.  1 

98. 

I112. 

126. 

Il40. 

154. 

168. 

128. 

144. 

160.  il76. 

|192. 

„• 

Thickness  and  Width  in  Inches.                           \ 

9.9 

9.10  £ 

i.ll;£ 

1.12 

10.10|10.11 

10.1211.11  11.1211212  12.13  12.14| 

40.6 

45. 

49.6 

54. 

50. 

55. 

eo. 

60.6 

66. 

72. 

78. 

84. 

7 

47.3 

52.6 

57.9 

63. 

58.4 

64.2 

70. 

70.7 

77. 

84. 

91. 

98. 

8 

54. 

60. 

66. 

72. 

66.8 

73.4 

80. 

80.8 

88. 

96. 

104. 

112. 

9 

60.9 

67.6 

74.3 

81. 

75. 

82.6 

90. 

90.9 

99. 

108. 

117. 

126. 

10 

67.6 

75. 

82.61 

90. 

83.4 

91.8 

100. 

lOO.lC 

110. 

120. 

130. 

140. 

11 

74.3 

82.6 

90.9; 

99. 

91.8 

100.10 

110. 

110.11 

121. 

132. 

143. 

154. 

12 

81. 

90. 

99.  |I 

08. 

100. 

110. 

120. 

121.     t  132. 

144. 

156. 

168. 

13 

87.9  97.6  I 

07.3  1 

17. 

108.4 

119.2 

130. 

131.1   '  143. 

156. 

169. 

182. 

14 

94.6!  105.    1 

15.6  1 

26. 

116.8 

128.4 

140. 

141.2 

1  154. 

168. 

1  182. 

196. 

15 

101.3,112.6  1 

23.9  1 

35. 

125. 

137.6 

150. 

151.3 

165. 

180.    i  195.    1 

210. 

16 

108.    120.  |l 

32.  11 

44. 

i:J3.4 

146.8 

160. 

161.4 

176. 

192. 

208. 

224. 

17 

II4.9I27.6  1 

40.3  1 

53. 

141.8 

155.10 

170. 

171.5 

187. 

204. 

221. 

238. 

18 

121.6135.    1 

48.6  1 

62, 

l.-iO. 

165. 

180. 

181.6  ;  198. 

216. 

234. 

252. 

19 

128.3  142.6  1 

56.9; 1 

71. 

158.4 

174.2 

190. 

191.7  !  209. 

228. 

347. 

266. 

20 

135.  !l50.  :i 

65.    1 

8B. 

166.8    183.4 

200. 

201.8     220. 

240. 

260. 

280. 

21 

141.9157.6  1 

73.3!  1 

89. 

175.      192.6 

210. 

211.9  1  231. 

252. 

273. 

294. 

20 

148.6  165.    \ 

81.611 

98. 

183.4    201.8 

230. 

221.10   242. 

264. 

286. 

308. 

23 

1">5.3  172.6! 

B9.9  2 

07. 

191.8    210.10 

230. 

231.11   253. 

276. 

299. 

322. 

24 

162.  1180.  |l 

98.    2 

16. 

2IK).    i  220. 

240. 

242.     1  2C4. 

288. 

312. 

336. 

^ 

Thickness  and  Width  in  Inches.                          | 

6 

12.1512.1 

6  13.13  13  14  1315|13.16  U.U\U.l5 

14.16 

15.15  15.16} 

90. 

96. 

84.6       91. 

97.6 

104. 

.98 

105. 

112. 

112  6 

120. 

7 

105 

112. 

98.7     106  2 

113.9 

121.4 

114.4 

122.6 

130.8 

131.3 

140. 

8 

120. 

128. 

112.8     121.4 

130. 

138.8 

130.8 

140. 

149.4 

150. 

160. 

9 

135. 

144. 

126.9     136.6 

146.3 

156. 

147. 

157.6 

168. 

168.9 

180. 

10 

150. 

160. 

140.10  151.8 

162.6 

173.4 

163.4 

175. 

186.8 

187.6    200.    1 

11 

165. 

176. 

154.11 

166.10 

178.9 

190.8 

179.8 

192.6 

205.4 

206.3 

220. 

1-3 

180. 

192. 

169. 

182. 

195. 

208. 

196. 

210. 

224. 

325. 

240. 

13 

195. 

208. 

183.1 

197.2 

211.3 

225.4 

212.4 

227.6 

242.8 

24.3.9 

360. 

14 

210. 

224. 

197.2 

212.4 

227.6 

242.8 

228.8 

245. 

261.4 

262.6 

280. 

15 

225. 

240. 

211.3 

227.6 

243.9 

260. 

245. 

263.6 

280. 

281.3 

300. 

1(1 

240. 

256. 

^5.4 

242.8 

260. 

277.4  I 

261.4 

280. 

298.8 

300. 

320. 

17 

255.    !  272. 

239.5 

257.10 

276.3 

294.8 

277.8 

297.6 

317.4 

318.9 

^40. 

18 

270.    !  288. 

243.6 

273. 

292.6 

312. 

290. 

314. 

336. 

337.6 

J60. 

19 

285. 

304. 

257.7 

298.2 

308.9 

329.4 

310.4 

332.6 

354.8 

356.3 

380. 

20 

300. 

320. 

271.8 

303.4 

■m. 

346.8 

326.8 

350. 

373.4 

375. 

m. 

21 

315. 

336. 

2a5.9 

318.6  1  341.3 

364. 

343. 

367.6 

392. 

393.9    420. 

22 

330. 

352. 

299.10 

3:J3.8  1  357.6 

381.4 

359.4 

385. 

410.8 

412.6  '  440. 

23 

345. 

368. 

313.11 1  348.10   373.9 

398.8 

375.8 

402.6 

429.4 

431.3  ,  460. 

24    360.     i  384. 

338.     1 364.       390. 

416. 

392.      420. 

448. 

450.    1  480. 

BMA 


8« 


90 


BOARD  AND  PLANK  MEASUREMENT. 


BOARD   AND   PLANK   MEASUREMENT —  AT  SIGHT. 

riu»  Table  gives  the  Square  Feet  and  Inches  in  Boards  from  6  to  25  inches  wide  and 
from  8  to  36  feet  long.  If  a  board  be  longer  than  Sti  feet,  unite  two  numbers.  For 
Instance,  if  a  Board  is  40  feet  long  and  16  inches  wide— add  30  and  10  and  you  have  53  ti. 
4  in.    For  2  inch  Plank  double  the  PKODUCT.    See  also  Board  Tabic,  p.  84. 


~~8 

6iiiW 

ft.  in. 

7iDW 

Sin 

w 

gjD 

w 

IOiQWlliDV/:12iDW 

13inW 

KiQ 

w 

ibinW. 

ft.  in. 
10    0 

A  in. 

ft.  in. 

ft.  in. 

ft.  in. 
6    8 

ft.  in. 
7    4 

ft.  in. 
S    0 

ft.  in. 

8    8 

ft.  in. 

4 

0 

4    S 

5 

4 

9 

4 

9 

4 

6 

5    3 

6 

0 

6 

9 

7 

6 

S 

3 

9 

01 

9    9 

10 

6 

11    3 

10 

5 

0 

5  10 

6 

8 

7 

6 

8 

4 

9 

2 

10 

0 

10  10 

11 

s 

12    6 

11 

5 

6 

6    5 

7 

4 

8 

3 

9 

2 

10 

1 

11 

0 

11  11 

12  10 

13    9 

12 

6 

0 

7    0 

8 

0 

9 

0 

la 

0 

11 

0 

12 

0 

13    0 

14 

0 

15    0 

13 

6 

6 

7    7 

8 

8 

9 

9 

10 

10 

11 

11 

13 

0 

14    1 

15 

2 

16    3 

14 

7 

0 

8    2 

9 

4 

10 

6 

11 

8 

12 

10 

14 

0 

15    2 

16 

4 

17    6 

15 

7 

6 

8    9 

10 

0 

11 

3 

12 

6 

13 

9 

15 

0 

16    3 

17 

6 

18    9 

16 

8 

0 

9    4 

10 

8 

12 

0 

13 

4 

14 

8 

16 

0 

17    4 

18 

8 

20    0 

17 

8 

6 

9  11 

U 

4 

12 

9 

14 

2 

15 

7 

17 

0 

18    5 

19 

10 

21    3 

18 

9 

0 

10    6 

12 

0 

13 

6 

15 

0 

16 

6 

18 

0 

19    6 

21 

0 

22    6 

19 

9 

6 

U     1 

12 

8 

14 

3 

15 

10 

17 

5 

19 

0 

20    7 

22 

2 

23    9 

20 

10 

0 

11    8 

13 

4 

15 

0 

16 

8 

18 

4 

20 

0 

21    8 

23 

4 

25    0 

21 

10 

6 

12    3 

14 

0 

15 

9 

17 

6 

19 

3 

21 

0 

22    9 

24 

6 

26    3 

22 

11 

0 

12  10 

14 

8 

16 

6 

13 

4 

20 

2 

22 

0 

23  10 

25 

8 

27    6 

2.3 

a 

6 

13    5 

15 

4 

17 

3 

19 

2 

21 

1 

23 

0 

24  11 

2> 

10 

28    9 

24 

12 

0 

14    0 

16 

0 

18 

0 

20 

0 

22 

0 

24 

0 

26    0 

28 

0 

30    0 

25 

12 

6 

14    7 

16 

8 

18 

0 

20 

10 

22 

11 

25 

0 

27    1 

29 

2 

31    3 

86 

13 

0 

15    2 

17 

4 

19 

6 

21 

8 

23 

10 

26 

0 

23    2 

30 

4 

32    6 

27 

13 

6 

15    9 

18 

0 

20 

3 

22 

6 

24 

9 

27 

0 

29    3 

31 

6 

33    9 

28 

14 

0 

16    4 

18 

8 

21 

0 

23 

4 

25 

8 

28 

Ol  30    4 

32 

8 

35    0 

29 

14 

6 

16  11 

19 

4 

21 

9 

24 

2 

26 

7 

29 

01  31    5 

33 

10 

36    3 

30 

15 

0 

17    6 

20 

0 

22 

6 

25 

0 

27 

G 

30 

0|  32    6 

35 

0 

37    6 

31 

15 

6 

18    1 

20 

8 

2:3 

3 

25 

10 

28 

5 

31 

Oi  33    7 

36 

2 

3S    9 

32 

16 

0 

18    8 

21 

4 

24 

0 

26 

8 

29 

4 

32 

01  34    8 

37 

4 

40    0 

33 

16 

6 

19    3 

22 

0 

24 

9 

27 

6 

30 

3 

33 

Oj  35    9 

38 

6 

41    3 

34 

17 

0 

19  10 

22 

8 

25 

6 

23 

4 

31 

2 

31 

0 !  36  10 

39 

8 

42    6 

35 

17 

6 

20    5 

23 

4 

26 

3 

29 

2 

32 

1 

35 

0 1  -37  11 

40 

10 

43    9 

36 

13 

0 

21    0 

24 

0 

27 

0    30 

0 

.33 

0 

36 

(1 1  39    0 

42 

0 

45     0 

B 

OARD  TABLE 

MEASUREMENT - 

-  CONTINUED. 

1 

8 

lOin 

w 

ninW 

18inWi]9inW 

20iDW 

21inW 

ft.  in. 
'U    0 

22iiiW 

fi.  in. 
14    8 

23inW 

24iDW 

25iflW 

n. 

ft.  in. 

ft- 

'n.\/t. 

n. 

ft.  in. 
13    4 

ft.  in. 
15    4 

fi- 
le 

in. 

ft.  in. 

10 

~8 

11    4 

12 

0 

12 

"8 

16    8 

9 

12 

0 

12    9 

13 

6 

14 

3 

15 

0 

15 

9 

Irt 

6 

17    3 

18 

0 

18    9 

10 

13 

4 

14    2 

15 

0 

15 

10 

16 

8 

17 

6 

18 

4 

19    2 

20 

0 

20  10 

11 

14 

8 

15    7 

16 

6 

17 

5 

IS 

4 

19 

3 

20 

2 

21    1 

22 

0 

22  a 

12 

16 

0 

17    0 

18 

0 

19 

0 

20 

0 

21 

0 

22 

0 

23    0 

24 

0 

25    0 

13 

17 

1 

18    5 

19 

6 

20 

7 

21 

8 

22 

9 

2:} 

10 

24  11 

26 

0 

27     1 

14 

18 

8 

19  10 

21 

0 

22 

2 

23 

4 

24 

6 

25 

8 

26  lOl  23 

0 

29    3 

15 

20 

0 

21    3 

22 

6 

23 

9 

25 

0 

26 

3 

27 

6 

as    9   .30 

0 

31    3 

16 

21 

4 

22    8 

24 

0 

25 

4 

26 

8 

28 

0 

29 

4 

30    3    32 

0 

33    4 

17 

22 

8 

24    1 

25 

6 

26 

11 

23 

4 

29 

9 

31 

2 

33    7    34 

0 

35    5 

18 

24 

0 

25    6 

27 

0 

28 

6 

30 

0 

31 

6 

33 

0 

34    6    36 

0 

37    6 

19 

25 

4 

26  11 

28 

6 

30 

1 

31 

8 

33 

3 

34 

10 

36    5    38 

0 

39    7 

20 

26 

8 

28    4 

30 

0 

31 

8 

33 

4 

35 

0 

36 

8 

.38    4 

40 

0 

41    9 

21 

28 

0 

29    9 

31 

6 

33 

3 

35 

0 

36 

9 

38 

6 

40    3 

42 

0 

43    9 

32 

29 

4 

31    2 

33 

0 

34 

10 

36 

8 

38 

6 

40 

4 

42    2 

44 

0 

45  10 

23 

30 

8 

32    7 

34 

6 

36 

5 

38 

4 

40 

3 

42 

2 

l4     1 

46 

0 

47  11 

24 

32 

0 

34    0 

36 

0 

38 

0 

40 

0 

42 

0 

44 

0 

46    0 

48 

0 

50    0 

25 

33 

4 

35    5 

37 

6 

39 

7 

41 

8 

43 

9 

45 

10 

47  11 

50 

0 

52    1 

26 

34 

8 

36  10 

39 

0 

41 

2 

43 

4 

45 

6 

47 

8 

49  10    52 

0 

54    2 

27 

36 

0 

38    3 

40 

6 

43 

9 

45 

w 

47 

3 

49 

6 

51    9    54 

0 

56    3 

2S 

37 

4 

39    8 

42 

0 

44 

4 

46 

8 

49 

0 

51 

4    53    8!  56 

0 

53    4 

29 

38 

8 

41    1 

43 

6 

45  11 

48 

4 

50 

9 

53 

2    55    7:  58 

0 

60    5 

30 

40 

0 

43    6 

45 

0 

47 

6 

50 

0 

52 

6    55 

01  57    6[  60 

0 

63    6 

,^'-1 

SAW  LOGS  REDUCED  TO  STANDARD  BOARD  MEASURE.      91 


LOGS  REDUCED  TO  ONE  INCH  BOARD  MEASURE. 

Rule. — The  number  of  feel  is  oblained  by  subtracting  one  quarter  from  the 
diameter  of  llie  Log  Example. — If  a  log  is  12  ft-et  loii§,  and  12  niches  diame- 
ter, deducting  one  quarter  fromtlie  diameter,  leaves  9  inches,  making  9  boards 
9  inches  wide,  each  board  measuring  9  feet.  Now  multiply  the  number  of 
boards  by  the  number  of  feet  in  one  board,  and  the  product  will  be  81  feet. 

The  Diameter  of  all  Timber  is  to  be  taken  2U  feet  from  the  butt.  All  logs 
short  of  20  feet,  take  the  Diameter  at  the  top  or  small  end. 

If  the  Log  is  longer  than  is  contained  in  the  table,  take  any  two  lengths. 

The  first  column  on  the  left  gives  the  length  of  the  Log  in  feel.  The  figures 
under  D  denote  the  diameters  of  the  Logs  in  inches. 


D.  D.  D.  D.  D.  iD.iD.  D.  D.  D.  D.  D.  D.  D.  i  D. 

10   17  18   19  20   21   22  23  I  24 


D. 

D. 

D. 

D. 

D.| 

11 

12 

13 

14 

15 

57 

68 

79 

92 

105 

6-2 

74 

87 

101 

116 

66 

81 

95 

110 

127 

74 

88 

103 

119 

137 

79 

95 

HI 

129 

148 

65 

101 

119 

138 

158 

91 

108 

127 

147 

169 

96 

115 

135 

156 

179 

102 

122 

143 

165 

190 

108 

128 

ISO 

175 

200 

113 

135 

158 

184 

211 

119 

142 

166 

193 

221 

125 

149 

174 

202 

232 

130 

155 

182 

211 

243 

136 

162 

190 

220 

253 

142 

169 

199 

230 

264 

147 

176 

206 

239 

274 

153 

182 

214 

248 

285 

159 

189 

222 

257 

205! 

161 

196 

230 

20G 

.306 

170 

2(0 

238 

276 

316 

176 

209 

246 

2S5 

.327 

198 

236 

277 

322 

369 

204  298 
276  312 
288 :  325 
300,339 
312  I  352 
324  366 
336  379 
348  I  393 
360  I  406 
372  ;  420 
420  !  474 


592  656 


227 
250 
272 

295 

3)8  j 

340  I 

363} 

.386 

403 

431 

454  1 

476 

499! 

522! 

544! 

567 

590 

613 

635! 

6581 

631  I 

703! 

794 


397  432 
422  I  459 
446  486 
471  513 
496  !  540 
521  507 
540  504 
570  021 
595  049 
620  675 
645  702 
670  729 
691  , 756 
719  ,  7S3 
744  !  810 
769  ,  837 
868  945 


is: 

D. 

D. 

D. 

D. 

25 

26 

317 

27 
342 

28 
368 

10 

293 

11 

322 

349 

376 

404 

12 

;J52 

380 

410 

441 

13 

381 

412 

444 

478 

14 

410 

444 

478 

515 

15 

439 

475 

513 

551 

16 

460 

507 

547 

588 

17 

498 

539 

581 

625 

18 

527 

570 

615 

662 

19 

557 

002 

649 

698 

20 

586 

634 

683 

735 

21 

61S 

665 

718 

772 

22 

645 

697 

752 

809 

23 

674 

729 

786 

845 

24 

70:? 

761 

620 

882 

25 

732- 

792 

854 

919 

26 

762 

824 

888 

956 

27 

791 

856. 

923 

992 

28 

820 

m 

957 

1029 

29 

R50 

919 

991 

1066  1 

30 

879 

951 

1025 

1103  1 

31 

908 

982 

1059 

1139  1 

35 

1025 

1109 

1196 

1286 

D. 

D. 

D. 

D. 

D. 

D. 

30 

31 

32 

33 

34 

35 

422 

4.50 

480 

510 

542 

574 

464 

496 

528 

502 

.596 

632 

506 

541 

576 

613 

650 

689 

548 

586 

624 

664 

704 

746 

591 

631 

672 

715 

759 

804 

633 

.676 

720 

766 

813 

861 

675 

721 

768 

817 

867 

919 

717 

766 

816 

808 

921 

976 

759 

811 

864 

919 

975 

1034 

802 

856 

912 

970 

1030 

1091 

844 

901 

960 

1021 

1081 

1143 

886 

946 

1008 

1072 

1138 

1206 

928 

991 

1056 

1123 

lUt2 

1263 

970 

1036 

1104 

1174 

1240 

1321 

1012 

1061 

11.52 

1225 

1300 

1378 

1055 

1126 

12(K) 

1276 

1355 

1436 

1097 

1171 

1248 

1.327 

1409 

1493 

1139 

1216 

1296 

1,378 

1463 

1550 

1181 

1261 

1344 

1429 

1517 

1008 

1223 

1306 

1392 

14S0 

1571 

1665 

1266 

1351 

1440 

1531 

1626 

1723 

1.308 

1396 

1488 

15S2 

1680 

1780 

1477 

1577 

1680 

1787 

1697 

2010  I 

D. 

36 

608 

068 

729 

700 

851 

9)1 

972 

1033 

1094 

1154 

1215 

1270 

1.337 

1397 

1458 

1519 

)580 

1640 

1701 

176-3 

1P2S 

li-?3 

:2120 


92      EQUAL  SIDED  TIMBER  MEASTTRE. — COAL  MEASURE. 


SOLID    CONTENTS    OF    EQUAL    SIDED    TIMBER. 

If  ihe  Log  is  shoner  tlian  is  contained  in  the  Table,  talte  half  or  quarter  of 
pome  length,  if  longer  double  some  length. — The  length  of  the  Log  is  given  on 
the  top  of  the  columns,  the  diameter  in  the  left  hand  column.  To  obtain  the 
Cubical  Contents  of  Masts,  Spars,  Round  Logs,  &c.,  subtract  one-fourth  from 
the  Contents. 


.1    L 

L.    1   L. 

L 

L 

L.       L. 

L 

L.    1     L 

1     L 

L. 

P 

9 

10 

11 

12 

13 

14       15 

16 

17 

18 

19 

20 

~6 

2 

"3 

2   e:  2   9 

3 

0 

3 

3 

Tl)   3    9 

4 

0     4    3 

4 

"6 

"~r 

9 

5    0 

7 

3 

0   3    4 

3    7 

4 

ll  4 

5 

4    9   5    1 

5 

5     5    9 

6 

2 

6 

6 

6  10 

8 

4 

1    4    4 

4  10 

5 

4l  5 

9 

6    2 

6    7 

8 

0     8    5 

8  10 

9 

3 

9    8 

9 

5 

2 

5    9 

6    2 

6 

9 

7 

4 

7  11 

8    6 

9 

19    8 

10 

3 

10  10 

11    5 

10 

6 

2 

6  10 

7    8 

8 

4 

9 

0 

9    8 

10    4 

11 

0   11    8 

12 

4 

13 

0 

13    8 

11 

7 

6 

8    4 

9    3 

10 

1 

10 

11 

11    912    7 

13 

5   14    3 

15 

1 

15  11 

16    9 

12 

9 

0 

10    0 

11    0 

12 

0 

13 

0 

14    0  15    0 

16 

0    17    0 

18 

0 

19 

0 

20    0 

13 

10 

4 

11    7 

12  10 

14 

1 

15 

3 

16    5  17    9 

18 

9   19  11    21 

1 

22 

3 

23    5 

14 

12 

2 

13    7  14  11 

16 

4jl7 

8 

18  1120    3 

21 

7  22  11    24 

3 

25 

7 

26  11 

15 

14 

2 

15    9117    2|18 

9  20 

4 

21  10  23    5 

25 

0  26    7   28 

2 

29 

9 

31    4 

16 

16 

0 

17  10  19    6i21 

423 

1 

24  10  26    7 

38 

4   30    1   31 

10 

33 

7 

35    4 

17 

18 

0|20    0i-'2    024 

126 

128    130    1 

32 

1   34    1    30 

1 

38 

1 

40    1 

18 

20 

3  22    6  24    9  27 

029 

3i31    6  33    9|  36 

7  35     1  37    7  41 

0  38    3   40 

6 

42 

9 

45    0 

19 

22 

625    0'27    6|30 

132 

1    43    7    46 

1 

48 

7 

52    0 

20 

25 

0;27  10  30  10  33 

4|36 

1 .38  10  41    7 

44 

4   47    2|  50 

0 

52 

9 

55    9 

21 

27 

7,30    8  33    9;36 

939  10142  ll;46    0 

49 

1 

52    2   .55 

3 

58 

4 

61    5 

22 

30 

2.33    6  36  10,40 

443 

847    050    4 

53 

8 

57    0   60 

4 

63 

8 

07    0 

23 

a3 

o;36    840    4  44 

147 

951    5155    1 

58 

9 

62    5 

66 

1 

69 

9 

73    5 

24 

.3f) 

o;40    0!44    0  48 

0,52 

056    0;60    0 

64 

0   63    0 

72 

0 

76 

0 

80    0 

25 

39 

0  43    4  48    152 

156 

560    965    1 

69 

5   73    9 

78 

1 

82 

5 

86    9 

26 

42 

2  46  1151    7  56 

461 

0;65    8  70    4 

75 

Oj  79    S 

84 

4 

89 

0 

93    8 

27 

45 

7  50    8'55    9  60 

9 

65 

10170  li:76    0 

81 

1   86    2 

91 

7 

96 

8 

101  11 

28 

49 

054    5.50  10 

65 

4 

70 

976    281    7 

85 

0   92    5 

97 

10 

103 

3 

108  e 

29 

52 

659    4:64    2 

70 

1 

75  lll8l    987    7 

93 

5   99    3  106 

1 

112 

11 

117    9 

30 

55 

9!02    0  68    3 

75 

0  81 

3!87    6'a3    Oil 00 

0,106    31112 

6 

113 

9 

125    0 

WEIGHT  OF    HARD  COAL   PROPORTIONED  IN  STOWAGE. 


• 

.2* 

3  S 

ki 

ki 

^1 

0  a 

«  o*. 

d  c  « 

space 

one 

unds 

s 

CD 

=  s 

>  o 

.- 

DESIGNATION. 

o 

V3 

g  = 

wO 

°i'=' 

c 
c 

« 

e  «■ 

jsi 

^Br 

t4 

a. 

^  z) 

CO 

J3  ^ 

,«Jl?" 

-1. 

TJ 

1^ 

tl 

5t 

88.942 

Beaver  Meadow, 

1.610 

54.925 

40.790 

36.41 

Forest  Improvement, 

1.477 

53.658 

41.740 

37.27 

90.751 

Peach  Mountain, 

1.464 

53.794 

41.640 

37.20 

89.020 

Lehigh, 

1.590 

55.316 

40.500 

36  15 

89.153 

Lackawana, 

1.421 

48.886 

45.820 

40.91 

87.741 

•  Waller  Johnson's  Report  to  the  Navy  Department  of  the  U.  States. 

To  obtain  the  Cubic  feel  of  a  Coal  Bin,  take  the  dimensions  by  measuring 
the  inside— reduce  the  feet  to  inches,  and  multiply  the  length,  breadth  and  depth 
together,  and  the  product  multiplied  by  .00058  gives  the  number  of  cubic  feet. 


VALUE   OF   WOOD   AND    BARK. 


93 


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WOOD    AND   BARK   MEASUEEMENT. 


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Etanip/'.  How  many  cords  of 
wood  in  a  pile  60  feel  long,  6  feet 
high  and  4  feet  wide  ? 


'2-a, 


60 
6 

360 

4 

128)  1440  (Hi   eonfi. 


TABLES   FOR   ENGINEERS   AND   MACHINISTS. 


95 


WEIGHT  OF  ONE  FOOT  OF  FLAT  BAR  IRON, 

-If  a  Bar  of  Iron  bo  thicker  than  contidned  tn  the  table  add  together  the  weight  of 
two  numbers,  or  treble  the  weight  of  one  number.  Wanted  the  weight  of  1  loot  of 
Bai  lion,  4  inches  broad  and  2  1-4  inches  thiclc.  Opposite  4  and  umler  1  is  IS'Strl, 
which  doubled  u  ^-728,  odd  the  weight  of  l-4th,  (8-341 ,)  c<iual  aoiAiU  ■.ht 


•ss 

THICKNESS   IN    PAUTS    OP  AN   INCH. 

i 

iV 

1 

/^ 

* 

1 

i 

I 

lin. 

.83.5 

1.044 

1.2.53 

1.461 

1.670 

2.088 

2.606 

2.923 

3.340 

u 

.939 

1.174 

1.409 

1-644 

1.878 

2.348 

2.818 

3.287 

3.756 

li 

1.044 

i..m5 

1..566 

1.826 

2.088 

2.609 

3.132 

3.653 

4.176 

1 

1.148 

1.4.3.5 

1.722 

2.009 

2.296 

2.870 

3.444 

4.018 

4.592 

1.2.52 

1.566 

1.879 

2.192 

2.504 

3.131 

3.758 

4.384 

5.008 

1.358 

1.^96 

2.035 

2.374 

2.716 

3.392 

4.070 

4.749 

5.432 

1 

1.462 

1.827 

2.192 

2.557 

2.924 

3.6.53 

4.384 

5.114 

6.848 

1..566 

1.9.57 

2..348 

2.740 

3.132 

3.914 

4.696 

5.479 

6.264 

2 

1.671 

2.088 

2.505 

2.922 

3.342 

4.176 

5.010 

6.845 

6.684 

2, 

1.775 

2.218 

2.b62 

3.105 

3.550 

4.435 

6.324 

6.210 

7.100 

2 

1.880 

2.348 

2.818 

3.288 

3.760 

4.696 

5.636 

6.575 

7.520 

21 

1.984 

2.479 

2.975 

3.470 

3.968 

4.957 

6.950 

6.941 

7.936 

% 

2.088 

2.609 

3.131 

3.653 

4.176 

6.218 

6.262 

7.306 

8.3.52 

2? 

2.193 

2.740 

3.283 

3.836 

4.386 

6.479 

6.576 

7.671 

8.772 

2 

a  297 

2.870 

3.444 

4.018 

4.594 

6.740 

6.888 

8.036 

9.188 

^ 

2.402 

3.001 

3.601 

4.201 

4.804 

6.001 

7.202 

8.402 

9.608 

3 

2.506 

3.131 

3.758 

4.384 

5.012 

6.262 

7.516 

8.767 

10.024 

3 

2.715 

3.392 

4.071 

4.749 

5.430 

6.784 

8.142 

9.498 

10.860 

3, 

2.923 

3.653 

4.384 

6.114 

5.846 

7.306 

8.768 

10.228 

11.692 

3 

3.132 

3.914 

4.697 

6.479 

6.26-t 

7.828 

9.394 

10.9-59 

12.528 

4 

3..341 

4.175 

5.010 

5.845 

6.682 

8.350 

10.020 

11.690 

13.364 

4 

8.549 

4.436 

6.323 

6.210 

7.098 

8.871 

10.646 

12.421 

14.196 

4. 

3.758 

4.697 

5.636 

6.575 

7.516 

9.393 

11.272 

13.151 

15.032 

4: 

3.966 

4.958 

5.949 

6.941 

7.932 

9.915 

11.898 

13.881 

15.864 

6 

4.175 

5.219 

6.263 

7.306 

8.a50 

10.437 

12.526 

14.612 

16.700 

6 

4.384 

5.479 

6.576 

7.671 

8.768 

10.958 

13.1.52 

15.343 

17.536 

5 

4.593 

5.741 

6.889 

8.037 

9.186 

11.480 

13.778 

16.073 

18.372 

5 

4.801 

6.001 

7.202 

8.402 

9.602 

12.002 

14.404 

16.804 

19.204 

6 

5.010 

6.262 

7.515 

8.767 

10.020 

12.624 

15.030 

17.53.5 

20.042 

WEIGHT  OF  ONE  SQUARE 

FOOT  OF  SHEET  IRON,  &c. 

z 
» 

Iroa 
Cop. 
Bftss 

Thickness  by  the  Birmingham  (Eng.)  Wire  Gauge.                   ] 

1        2 

12.50  12.00 
14.50  13.90 
13.75!  13.20 

3 

11.00 
12.75 
12.10 

4 

10.00 
11.60 
I'.OO 

5 

8.74 
10.10 
9.61 

6    1    7     8 

8.l2i7J50  6.86 
9.40  8.70:7.90 
8.9.t|8.25(7.54 

9 

a24 

7.20 
6.86 

10 

5.62 
6.50 
6.18 

11 

5.00 
5.80 
5.50 

12 

4.38 
5.08 
4.81 

13 

:(.75 
4.34 
4.12 

14 

3.12 
3.60 
3.43 

IS 

2.83 
3.27 
3.10 

Thickness  by  the  Wire  Gauge. 

Ino 
Cop. 
Brass 

16      17   ,  :8 

2..W    2.18'   1.86 
2.90   ^.l?!  2.15 
2.75'  2.401  2.04 

19 

1.70 
1.97 
1.87 

20 

1.54 
1.78 
1.69 

21 

1.40 
1.62 
1.54 

22    23 

1.25  U2 
1  45  1.30 
1.37  1.23 

1.00 
1. 16 
1.10 

25     26     27     28     29     ») 

.90    .80    .72    .64    .56    .50 
l.tM    .92    .83    .74    .64    .58 
.99    .881  .79    .701  .6l|  .55 

No.  1  Wire  Guage  is  Meths  of  an  Inch  i  No.  4  Is  l-4th  ;  No.  11  ii  l-8:h  ;  No.  1.1  is  1-I2th  t 
No.  IJ  U  l-14th  ;  No.  16  U  MCth  (  No.  17  it  X-18th  i  No.  19  U  1-23  i  No.  22  U  1.32. 


96 


WEIGHT   OF    BAU   IKON   AND   OTHER    METALS. 


RUSSIA    SHEET    IRON 

Measures  56  by  28  Inches,  and  is  rated  by  the  weight  per  sheet.  Tho 
numbers  run  from  8  lo  18  Russian  lbs.  per  sheet.  8  Russian  pounds  equal 
7-2  English  pounds ;  9  =.  8-1  lbs.  5  10  =  9  lbs.  ;  11  =  10  lbs.  ;  12  =  11-2 
ibs.  &,c.  —  100  Russian  lbs.  equal  90  lbs.  English. 

WEIGHT   OF  ONE    SQUARE    FOOT   OF   PLATE  IRON,  &c. 


Hi 

a 
£ 

1' 

d 

n 

>3 

ill 

m 

0 

0 

n 

i 

tV 

2.5 

2.9 

2.7 

3.7 

/f 

17.5 

20.3 

19.0 

25.9 

i 

5.0 

5.8 

5.5 

7.4 

i 

20.0 

23.2 

31.8 

29.6 

fV 

7.0 

8.7 

8.2 

11.1 

t 

2.5.0 

28.9 

27.1 

37.0 

i 

10.0 

11.6 

10.9 

14.8 

i 

30.0 

34.7 

32.5 

44.4 

tfe 

12.5 

14.5 

13.6 

18.5 

i 

35.0 

40.4 

37.9 

57.8 

i 

15.0 

17.4 

16.3 

22.2 

1 

40.0 

46.2 

43.3 

59.2 

WEIGHT    ONE   FOOT   IN   LENGTH  OF  SQUARE    AND 
ROUND    BJCR   IRON. 


i 


1 
1% 


1 

H 
H 

n 


.209 

.326 

■470 

.640 

.83.5 

1.057 

1.305 

1.579 

1.879 

2.205 

2.558 

2.936 

3.340 

4.228 

5.219 

6.315 

7.516 


C! 

2  . 

B  e 
0  "* 
oi 

■5.S 
•5  0 
■=.5 

!■- 

.164 

n 

.256 

H 

.369 

n 

.503 

2 

.656 

^k 

.831 
1.02-5 

22- 

1.241 

2x 

1.476 

2| 

1.732 
2.011 

2f 

2^ 

2.306 

3 

2.624 
3.321 
4.099 

3^ 
3| 

4.961 
5.913 

3| 

8.820 
10.229 
11.713 
13.300 
15.083 
16.909 
18.840 
20.875 
2.3.115 
25.2-59 
27.608 
30.070 
32.618 
.3.5.279 
38.045 
40.916 
43.890 


6.928 
8.043 
9.224 
10.496 
11.846' 
13.283 
14.797 
16.396 
18.146 
19.842 
21.684 
23.653 
25.620 
27.709 
29.881 
32.170 
34.472 


Ss 


3f 
3J 
4 

41 
4^ 

4| 
4^ 
5 

H 

6 


S 


46.969 
50.1.53 
53.440 
56.833 
60.329 
63.930 
67.637 
71.445 
7-5.3.59 
79.378 
83.510 
92.459 
101.036 
110.429 
120.243 


36.895 
39.390 
41.984 
44.637 
47.385 
50.211 
53.132 
56.113 
59.187 
62.344 
65.585 
72.618 
79.370 
86.731 
94.610 


The  weight  of  Bar  Iron  being  1 

■?       "  C«.(  Iron=   .95 

"        "        "  Su-el,  1.03 

*'        ••        **  CopjMr,       1.16 


CAST   IRON    COLUMNS.      MOLDEH  S    TABLE. 


97 


DIMENSIONS    OF    CYLINDRICAL    COLUMNS     OF    CAST 
IRON    TO    SUSTAIN    A    PRESSURE    WITH   SAFETY. 


1.1 

CO 

2 
f 

^ 

4 

4k 

5 

6 

7 

8 

9 
10 
11 
12 


LBKOTH    OR    HEIGHT    IN    FEBT. 


14    I     16     I    18    I    20    I    23    I    34 


WEIGHT   OR   LOAD    IK   CWTS. 


79 

60 

49 

40 

32 

26 

22 

18 

15 

13 

119 

105 

91 

77 

65 

55 

47 

40 

34 

29 

178 

163 

145 

128 

111 

97 

84 

73 

64 

56 

247 

232 

214 

191 

172 

156 

135 

119 

106 

94 

326 

310 

288 

266 

242 

2J0 

198 

178 

160 

144 

418 

400 

379 

154 

327 

301 

275 

251 

229 

208 

522 

501 

479 

452 

427 

394 

365 

337 

310 

285 

an 

5!» 

573 

550 

525 

497 

469 

440 

413 

386 

mra 

1013 

989 

059 

924 

887 

848 

808 

765 

725 

1333 

1315 

l:i«9 

1259 

1224 

1185 

1142 

1097 

1052 

lOOJ 

1716 

l(i97 

1672 

1640 

1003 

1561 

1.=.15 

1467 

1416 

13ft4 

2119 

21(10 

2077 

2045 

2007 

\9(A 

1916 

1865 

1811 

1755 

2.')70 

2550 

2520 

2490 

2450 

2410 

2358 

2305 

2248 

2189 

3050 

3040 

3020 

2970 

2930 

2900 

2830 

2780 

2730 

2670 

11 

35 

49 

83 

130 

189 

2G3 

360 

686 

9:,9 

1311 

1697 

2127 

2600 


Practical  utility  of  the  Table. 

Mbte Wanting  to  support  the  front  of  a  building  with  cast  iron  column!  18 

feet  in  length,  8  inche>i  in  dJHineter,  and  the  metal  1  inch  in  thickness ;  what 
wciglii  iniiy  I  confidently  expect  euch  cnlumu  capable  of  supporting  without  te» 
dency  to  dertuctiun .' 

Opposite  8  inches  diameter  and  under  18  feet  =:  1097 
I  *  Also  op|)ositc  6  in.  diameter  and  under  18  feet  ^  440 


•  This  deduction  ia  on  account  nf  the  core. 
MOLDER'S    TABLE. 


=  657  cwU 


Bar  Iron  heinfr  I, 
Cast  Iron  equal  .95 
Steel  •' 

Copper       " 
Brass  " 

Lead  «« 


1  02 
1.16 
1  09 
1.4S 


Caxt  Iron  being  1, 
Bar  Iron  equal  1.07 
Steel  •'     I  OS 

Brass  "     1.16 

Copper  "  1.21 
Lead  «♦     1.56 


Yellow  Pine  being  1, 
Cast  iron  equal   12. 
Brass  "       12.1 

Copper         "       13  S 
Lead  "       18.1 

Zinc  "      11.S 


1.  Suppose  I  have  an  article  of  plate  iron,  the  weight  of  which 
18  728  Ib^.,  but  want  the  same  of  copper,  and  of  similar  dimensions, 
what  will  be  its  weight  ?  . 

72S  X  1.16  =  844.48  lbs. 

2.  A  model  of  Dry  Pine  weighing  3  lbs.,  and  in  which  th« 
iron  for  its  construction  forms  no  material  portion  of  the  weighty 
what  inav  I  anticipate  its  weight  to  be  in  cast  iron. 

3  X  12  ==  36  pounds. 

It  frequently  occurs,  in  the  construction  of  models,  that  neither 
the  quality  or  condition  of  the  wood  can  be  properly  estimated  j 
and  in  such  cases,  it  may  be  a  near  enough  approximation  I 
13  lbs.  ot  cast  iron  to  each  pound  of  model. 


ar  neitner 
istlmated  t 
i  to  reckoa 


BMA 


9 


BOLTS CISTERNS SCREWS LEAD   PIPE. 


HEXAGONAL    NUTS    FOR    WROUGHT    IRON    BOLTS. 


Diameter  of  bolts,  §  ^   f 


1  n  li  If  1^  H  If 


Breadth  of  nuts,  f   i    H    1^    1^    H    HI  2^  Sg   2j%   2f  3 

CAPACITY  OF  CISTERNS  AND  RESERVOIRS    IN  GALLOJSa 

Depth,  10  Inches  :  —  Diameter  from  2  tu  25  Feet. 

3  feet  19-5  5  feet  122-40  8  feet  31333  12  feet     705- 
2A  "  30-6  5i  "     14810  8^  "  &53-72  13  »       827-4 
S  "  44-06  6  "     176-2,5  9  "  396-56  14  "        959-6 
Zl  "  69-97  6A  "    206-85  %  "  461-40  15  "  11016 

4  "       78-33     7        "    239  88    10        "     48920     20      "      1958-4 
4^       "       99-14     7*      "    275-40    11        "     592-40     25      "      3059.9 


NUMBER  OF 

THREADS 

IN    V-THREAD    SCREWS. 

Diam.  in  inches,    . 
No.  of  threads, 

.    .    i   tV 

.     .    20    18 

%  i^   h    ^    I    I    Hi    li 
16   14    12   11    10    9    8    7      7 

i« 

Diam.  in  inches,    . 
No.  of  threads, 

-.-.I'f 

1|     15    2    2i    2i     23     3     Zk 
5      4.i    4i    4       4      2,1    3.i    Sj 

i 

Diam.  in  inches,    . 
No.  of  threads, 

:  :  ?  1 

4J     4A     43     6     54     54     5^ 
2f     2|     2|     2|    2|     2|     2ii 

6 
2i 

The  depth  of  the  threads  should  be  half  their  pitch.  The  diameter 
of  a  screw,  to  work  in  the  teeth  of  a  wheel,  should  be  such,  that  the 
anele  of  the  threads  does  not  exceed  10°. 


WEIGHT    OF 

LEAD 

PIPE    PER   FOOT 

DiwnMer. 

|lbs.  oz. 

- 

Diamtter. 

lbs.  oz. 

i 

inch 

medium 



li 

inch 

extra  light 

3 



II 

strong 

1 

6 

i> 

light 
medium 

4 

6 

h 

littht 
medium 



(1 

5 

3 

II 

5 

II 

strong 

6 

5 

II 

strong 

10 

1| 

medium 

5 

5 

It 

extra  strong 

2 

2 

<i 

strong 

6 

11 

?. 

light 

1 

10 

2 

light 
medium 

5 

9 

medium 

2 

3 

'« 

6 

11 

<c 

strong 

2 

8 

" 

strong 

7 

11 

(( 

extra  strong 

2 

12 

2i 

light 
medium 

8 

6 

.! 

"     light 

1 

11 

II 

10 

— 

Ught 
medium 

2 

1 

•1 

strong 

11 

U 

M 

2 

11 

3 

light 
medium 

10 

— 

M 

strong 

3 

4 

" 

11 

10 

(( 

extra  strong 

3 

8 

'• 

strong 

14 

11 

1 

"     light 

2 

5 

3i 

medium 

15 

— 

M 

light 
medium 

2 

12 

i< 

strong 

18 

— 

« 

3 

7 

11 

extra  strong 

23 

5 

It 

strong 

4 

1 

4 

waste  light 

5 

5 

11 

extra  light 

2 

12 

II 

"  medmm 

7 

— 

•r 

Ught 
medium 

3 

4 

II 

"  strong 

8 

11 

« 

3 

11 

H 

"  light 

5 

12 

•• 

strong 

4 

3 

"  medium 

8 

— 

« 

M 

extra  strong 

4 

14 

11 

1 

"  strong 

9 

11 

WEIGHT  OF  IRON  PIPES,  PLATE  COPPER  fc  LEAD. 


99 


WEIGHT  OF  CAST  IRON   PIPES. 


Thickness  of  the  meial  in  inches. 


diimrtrr 
ol  buie. 


i 

i 

i 

t 

i 

i 

1 

H 

H 

lbs. 

lbs. 

lbs. 

II.8. 

lbs. 

lbs. 

lbs. 

lbs. 

lbs. 

31 

5  1 

7-4 

10-0 

12-9 

161 

19-6 

23-5 

27-6 

37 

6-0 

86 

11.5 

14-7 

18-3 

92-1 

26-2 

30-7 

4-3 

6-9 

9-8 

13-0 

16-6 

20-4 

24-5 

290 

33-7 

4-9 

7-8 

111 

14-6 

18-4 

22-6 

270 

31-8 

368 

5-5 

8-8 

12-3 

161 

203 

24-7 

29-5 

34-3 

39-9 

61 

9- 

13-3 

17-6 

22-1 

26'8 

319 

37-3 

430 

6-7 

1(H) 

14-7 

192 

239 

28-9 

344 

400 

460 

7-4 

n-5 

160 

20-7 

25-7 

31  1 

36-3 

42-8 

49-1 

8-0 

12-4 

17-2 

22-2 

27-6 

33-3 

39-3 

45-6 

52-2 

8-6 

13-3 

18-4 

23-8 

29-5 

35-4 

41-7 

483 

55S 

9-2 

14-2 

19-6 

25-3 

31-3 

37-6 

44-2 

311 

68-3 

98 

15-2 

20-9 

26-9 

331 

39-7 

46-6 

538 

61-4 

10-4 

16-1 

22-1 

28-4 

350 

41-9 

491 

36-6 

64-4 

III 

171 

23-4 

30-0 

36-9 

441 

51-6 

59-4 

67-6 

11-7 

18  0 

24-3 

31-4 

38-7 

46-2 

640 

621 

70-6 

Its 

18-9 

258 

330 

40-5 

48-3 

56-5 

64-9 

73-6 

12-9 

19-8 

270 

34-5 

42-3 

60-5 

68-9 

67-6 

76-7 

13-3 

207 

28-2 

361 

44-2 

32-6 

61-4 

70-4 

79-8 

Ul 

21-6 

29-5 

37-6 

460 

34-8 

63-8 

73-2 

82-8 

U-7 

22-6 

30-7 

391 

47-9 

56-9 

66-3 

760 

85-9 

IM 

23-3 

31-9 

40-7 

49-7 

391 

68-7 

78-7 

88-8 

WEIGHT    OF    COPPER    PIPES. 


Diameter 

Weight 

Diameter 

Weight 

Diameter 

Weight 

Diameter 

Weight 

of  bore. 

in  Lba. 

of  bore. 

In  Lbs. 
208 

of  bore. 

in  Lbs. 

of  bore. 

inLbi. 

>tfin. 

•04 

l«i  in. 

l%in. 

303 

2>iin. 

3-97 

a 

IM 

m 

2-23 

2 

3-21 

2« 

4-13 

Ji 

1-51 

J>i 

2- 12 

2>tf 

3-39 

aji 

4-34 

1 

109 

IH 

2-67 

2)i 

3-53 

i}i 

4-Sfl 

tii 

189 

IX 

2-87 

'i'A 

3-78 

3 

4-78 

WEIGHT   OF   PLATE  COPPER. 

The  (Trent  varieiy  of  thicknesses  into  which  copper  is  manufactored,  caoM 
Ike  werghl  to  l>e  iiatned  whereby  to  detprmiiie  liie  ihickiiess  required,  the  unit 
b«iiig  ibai  of  a  common  sheet. so  designated,  viz. ,4  feet  by  2  feel,  in  lbs.,  thus: — 

A  70  lb,  plate  isfV^hsof  an  inch  in  thickness;  46^ do. 
I  do. ;  23  do,  ^^^  do. ;  11^  do.  g^  do. ;  6  do,  ^^  do. 


WEIGHT   OF    SHEET    LEAD. 

The  thickness  of  lead  is  also  in  common  determined  or  understood  by  the 
weight ;  the  unit  being  thai  of  a  square  ur  superficial  foot ;  thus:  — 

4  lbs,  lead  is  yigth  of  an  inch  in  thickness ;  6  do.  -^  do. ; 
7j  do.  i  do. ;  11  do.  fV  ^o. ;  15  do.  ^  do. 


w 


.'JA3J  ;4  ir.V    AREAS   OP   CIRCLES. 


VTlOU 


AREAS  OF  CIKCLES. 


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!=• 


Use  of  thk  Tablb  :  —  To  find  the  Capacity  of  any  Cylindrical  Measore, 
from  I  Inch  Diameter  to  30  Inches,  take  the  inside  Diameter  of  the  Measure 
in  Inches,  and  Muliiply  the  Area  in  the  Table,  which  corresponds  to  the 
Diameter,  by  ihe  depth  in  Inches,  and  divide  the  Products,  if  GilU  are  required, 
by  7'2ITj,  if  Pnils  by  23.875,  if  Quarts  by  57  ."5,  and  if  Gallons  by  231.  If  bushelt 
are  required,  (say  in  a  Tierce  or  Karrel,  alter  the  mean  diameter  is  obtained), 
muliiiily  as  above,  and  divide  the  product  by  2150.42,  the  quoiieni  is  the  num- 
ber of  bushels.  Calling  the  Diameters  Feet  the  Areas  are  Feet.  —  ihen,  if  a 
Ship's  Water  Tank,  Steam   Builer,  &r.,  is  5>^,  or  any  number  of  Feel  aud 

Farts  of  Feet  in  Diameter,  find  the  Area  in  the  Table  which  corresiumd*  in 
nches,  multiply  it  by  the  length  in  Feel,  and  muliiply  this  result  by  a  Culiio 
Fool,  (7.4805).  and  the  product  i»  the  answer  in  Gallons.  If,  in  any  case,  iher* 
v«  more  figures  in  the  divisor  than  in  the  dividend,  add  cipher*. 


WAGES   TABLE,    BY   THE   DAY   AND   MONTH. 


101 


H  CO  ?5 1 


;  00  c  c>  r;  *o 


ii 


li03iOO»COi030  = 


-'  —  —  —■  —  OlbioiOtQiOi 


"^§2 


■^  —  00  is  5* 

o  u5  Q  »ft  o 
«  cs  -2  01  S 
i  r-  o  —  (?• 


—  n 


!»'9'3<oc(oo7'otCCTao 
•T(0  3bd>~oj2;it^c)6 

3040000001000 
9>i;-Ma5^C50o3  — 

TPCOr-OiOCJcbOh-ob:^ 

—  — —  —  gl 


"^  z^  n  n  7z  n  ^ 


=  O  Q  O  O 
■^  O  O(>»0p 

0  o  o  o  o 
—  r^  -4*  tp  f>- 

01  C5  (D  C)  (M 


oo  —  ooooo 


'O  -^  M 

o  o  o 
■^  o  o 

8?5?5 


^  o  r»  do  o 

c^  rf  r;  CT* 


odoooooooSo 
vtbr-oiocic'soodbo 


o  o  =  o 
oooo 

CI?)  S)^ 


■  oo 


ooooo 
ooooo 


o>om  T^z'.nnnt 


>ooooooooo 


■^i) 


ooo ooooo 

wqp(jli~--7>ooooiy 
^or-dbo  —  A^Oi'-db 


jctSo^S^SotSS 


oooooooo 
oo-^ooc-joo-^ 


So  o  00 
^  CQ  00  CT  I;- 
A  Q  3  O  1^ 

cc rt  rt  coco 
o~o"ooo 
cp(N  o  OY 
«  rs  rt  M« 


OOOOOOOQOOO 

o^'T'TT^T'^^^"^ 
^Owdbc>0(ji«4'-i:i^ 


O  UO  O 

cbo  —  i< 


0000000000 


55 !~  5_'  ?; 


oiQiotnn 


S^ 


iAo;bi^6>o  —  Arroo 


22S?}S 


^S 


000000 ooooo 
i;.o^ot;-0(NOr~oc5 
P50<oi~-oooA(jjAoo 


ooooo 
o  1^  o  c5  o 


OOOOOOOO 

t;-oro'-pcici»{5Qp 

O  »0  Q  in  O 
ip  t;-  O  Cl  O 


-^r  to  r* 


Sooooocpooo 
o5o(N-j"£®oqi^3 

r5'^tbt--ob6sooir:'J'o 


ooooo 

000  CI  TT  O 

i  do  o  o  — 


Cl^C^ 

000000000000000 
or^ciocir^oc^oocn  —  d-vor^ 


oooooooo 
xioci-^tpopoci 

CJ  01  S  ?i  £3  S  n  « 


->djn^o-.oooo)o  —  oiTO-Ttoi^obo* 


—  A  4- 


isia 


ooooo 

Pp  T  3  t^Ol 

o  -i  f^  OQ  ds 
CT  0  O)  Cl  01 

ooooo 
c< « -^o  to 

■^  O  O  f^  (33 

CI  oJoi  CI  oJ 


>OOOOOOOQOOO 

in^o<oi~-db<j>o  —  ciA 


oooooooo 


—  ci«"5ri2''^£;°°2'"?j 


ooooo 
c?ci  SS  £5 


—  0«( 


>^ooooooooo 
toooooooooo 
>4poir-dboo  —  c>P5 


So  o  00 
So  op 
^  o  o  r-  o) 


ooooo 
p  p  p  p  0 

CI  Sci  S  c< 


■:.(}<c 


OOOQ00000009'^OL 

i^r.;j5t£o.f:y7n?5(j55*TT- 
TTOtoi^doAo  •'  "■  "^ — — -  '  ' 


f  CO  ^  O  CO  1^  c 


^Sh-S 


ooooooooooQOOpe 
O^rt^T-pCJaot'-pO'T'r^^- 
^otot^db&cJo  —  (NM'VOiii 


-'d<n^oo<or-obd)(6 


SQO  00 
^  Op  ^  r^  f^ 

Sci  ciSoi 
ooooo 

op  t»  p  O  "T 
c5)  O  —  -I  M 

—  CI  CI  01  CI 

OOOOO 
t^  O  -v  CI  -7^ 


5Sf? 


pSSy8p3S"r 
Tr'^otbf-dbAdso 


—  (NCICTTT 


Soop 

OtOtC 


So  o  o  o 
_  yotSSp 
i--dfa6>6  o 


isas 


000 

A-TO 


000000 

p  r-  o  CI  p  t^ 
o;bt^dbd>o> 


O  —  CI  01  r3  ■ 


.5?  cJo  h-O 

)  o  1^  dbdoA 


:?2gsi8; 


>poo  000 
» CO  n  p  I;-  ■^  — 
r  o  CO  A.  1^  do  o> 


0  o  o  o  o  < 
X  ooioScS  c 

00  —  —  CI  ! 


>  p  o 
10  e^ 


ih  '-b  o  r-  00 


--<i. 


oocbi^i^db 


ooooo 


sss 


o  lO  o  ic  o 

CO  CI  *-f:  r^l  O 

TT  -^  »0  to  O 


SSS^ 


rrr*hto  tbr^r* 


ooooooooogooo 


o  0  o  p  o 

osopcs — 

^■9"ocotbi> 


ooooo 
t~  (Jl  op  «  p 
1^  00  ob  03  01 


o  — — 


2S^^8 


-<c»n'ro«or»«o>0'-o»n<9'io<ot»oo3>j8  — 5 


T?'? 


—  C7  ^ 


^3o 


sss 


^ISS 


^3' 


?r? 


^9S 


2S8 


sas 


2SS 


Sg!? 


bet. 

•S3 

o 

i| 
1! 

!t 


^1 


9* 


102  RATES   OF   WAGES   BY   DAY   AND   WEEK.'/ 

[  Was^ea  per  Wpek,  from  50  CetUs  to  S-SS-I 


I  Days 


50  cts.  60  cts. 


eSj  ct.OOcts. 


■16l 

•25 

•33^ 

•41i 

•50 


■5Si 
•66i 
■75 
•83i 
■91i 
1  00 


l-08i 

116i 

125 

133 

141 


•70 
•80 
•90 
100 
MO 
1-20 


1-3U 
140 
1'50 
60 
70 


i    l-W 


1-50      II 


l-5i3^  1  00 

1-GCi  2  00 

1  75  -2  10 
1^831  2-^ 
l-OlJ  230 

2  00  2  40 


2  08i 
21f.i 
2-25 
2-33  i 


2  50 
2.60 
2  70 
•2-80 


•lOi 

•203 

31i 

•4l| 

•52 

•62i 


•73 

■m 
.93? 

1^04 

M4i 

1-25 


1-35  J 

1  45? 

1-56 

1-66 

177 

1.87 


1.97J 

208i 

2181 

2  29 

2-39J 

2^50 


2  60i 
2  70| 
2-81 
2  91J 


•35 
46  j 

•53  J 
•70 


•81s 
•93| 
105 
llOi 
1-28} 
1^40 


■121 

•25 

■371 

■50 

•li2i 

•76 


•ri7i 
100 
M2i 
125 
1-37J 
1-50 


15IJ   i^oaj 


l-63i 
1  75 
1-S6i 
1  Otjl 
2^10 


•2  21i 

2-33J 

2-45 

2-50i 

2  081 

•2-80 


2  91i 
303} 

3  15 
3  26J 


1-75 

l-87i 

200 

21'2i 

2-25 


•2-37  i 
250 
2-62J 
2  75 
2  87i 
3^00 


3-12i 
3-25 
337i 
3-50 


•13i 

•26i 

•40 

•53J 

•66i 

•80 


■93i 
106i 
1-20 

i-a3i 

1^46} 
1-60 


1.73i 
l-86i 
2  00 
213i 
2'-26i 
2  40 


2-53i 

2-66 

280 

293i 

306i 

3'20 


3:331 
3  46i 
360 
373i 


t71  et. 


•14i 
29 
•435 

•58} 
•73 
87i 


102 
1-J6J 
1-31J 
l-45j 
l-60] 
175 


1-89J 

204 

2^18S 

2331 

2-48 

262i 


3-64i 
3-  " 
3-93J 

4^08j 


$100 


105 
1-20 
135 
1-50 
1-65 
1.80 


1  95 
2- 10 

2  25 
2  40 
255 
2-70 


285 
300 
3- 15 
330 
3  45 
3-60 


3-75 
390 
4-(6 
420 


$iM'21  ^^■25 


■lOA 
•33} 
•50 
•661 
•83} 
100 

TTeJ 

133} 
150 
1  661 
l-83i 
200 


2  161 
2  3:)} 
2  50 
2fi6i 
2^83} 
300 


3- 16} 

333} 

35) 

30Ci 

383} 

400 

4-161 

4.33} 

4  50 

4-66i 


•18| 
■371 
•56} 
•75 
■93J 
112| 


131} 

1^50 

1-683 

i-Sll 

2^06} 

225 


'101 
•15| 
•20j 
•411 
•621 
•83} 
1-M 
1-25 


1-453 
l-6(ij 
l-87i 
2-08} 
2-29 
2-50 


2-433, 


3-00 
3-lH 
3^37i 


2-703 

•2-9  U 

3-121 

3-a3} 

3-54 

.3-75 


3-50}!  3.053 
3-75     4-161 


3-933 
4-T2i! 
-I-SI}! 
4-50  I 


4-371 
4-58} 
4-79 
5-00 


4-6S31  5-203 
4-87i|  5-42 
5-06J  5-0'2J 
5-25  1  5-83} 


Days. 


$l-37j 

•isl 

•23; 


•31} 
•621 
•933 
1-25 
1-56} 
l-87i 


2-183 

2-50 

2-81 

3-1 '2 

3-43: 

3-75 


5-00 
5-31} 
5-62i 


5-ft33 
6-25 
6-56} 
6-871 
7-183 
7-.50 


S2-00 


1-00 
133} 
1-66-1 
200 


2-33} 

2-661 

3-00 

3-33. 

3-66 

4-00 


4-33} 
4-60J 
6-00 

5.33; 

5-66 
6-00 


63:3} 
666J 
7-00 
7.33} 
7  66i 
8-00 


8-33} 
8-66| 
9-00 
9-a3} 


82-25 


-9i 
•183 
•28 


•371 

•75 

112J 

1-50 

r87i 

225 


2-621 

3-00 

3-371 

3-75 

4-121 

4-50 


4-871 

5-25 

5-621 

600 

6-371 

6-75 


7-121 
7-50 
7-87J 
8-25 
8021 
9-00 


$2-50 


-41> 
•83: 
1-25 
l-66y 
2-OS^ 
2-50 


2-91 J 
3-33J 
3-75 
416) 
4-58J 
5-00 


5-411 
5-83} 
6-25 
6-661 
7-08} 
750 


7^91J 


■911 
1-33} 
1-75 
9-161 
9-58} 


$2-75  ;S3-tiO*S3-25 


•Hi 

•23 


■121      -131 

•25  I     -27 

■34}      ■371'     -iOi 


■45 

-50 

•54 

■91 

1-00 

ro8} 

r37 

1-50 

1^621 

1'83 

2-00 

216 

229 

2-50 

2-70i 

2^75 

3-00 

325 

3-203 

3-50 

3-79 

366 

4-00 

4.33} 

412 

4-50 

4^87, 

4-58 

5-00 

641 

504 

5-50 

5-95 

550 

6-(!0 

650 

5953 

6-50 

7-01 

641 

7-0(1 

7-58 
8-12 
8-66 
9-20 

6-87. 

7-50 

7.^3 

8-00 

7-79 

8-50 

825 

9^00 

9-75 

8-703 

9.50 

10-29 

9-161  10-00 

9-621  l(l-50 

lO^ns}  1100 

;1054   111  ■SO 

10-00  Ill-OO    12  00 


11  ••371 

ivmt 

12-45J 
1300 


9^37110-411;11--15; 

9-75  ]10-83};ll-91j 
10-12i!ll-25  12-37] 
10.50  ll  1-66^1 12.83; 


1-250  1354 

1300  ]40f^} 

13-50  ,14-64 

14-0(1  115-161 


RATES   OP   WAGES   BY   DAY   AND  WEEK. 

r  IVagetper  Weekjrom  §3-50  to,  JJ12-00.] 


103 


104  WAGES   TABLE,    BY   THE    MONTH. 

[  Wages  per  Month,  from  $  500  to  $  3000] 


^«S 


cxi 

SJ^c 

w 

tcfi 

s 

■r  ••  S 

a 

Ma 

"S  •j'a 

< 

54 

•£  =-3 

c  itca 

Q 

st« 

» 

<J 

>.i-i 

w 

o 

£-  I 

^ 

^=§ 

<J 

•„^^ 

W 

^:2 

u 

05  « 

W 

c-^  = 

S 

bn=  2 

c    .  S 

•=-=  a 

PS 

Sis 

O 

cE-* 

tM 

:«^-:. 

t-3 

« 

-«1 

*•  te--5 

H 

■j:  tc  -  ~ 

=  S  ^  -" 

11^'" 


K    U    ^ 


•..Id 


It  14 

,      2    3>   > 

.s '~  «  ' 
'c  j:  tc  -J, 

S  =  c  cs 
■g  oT-' 
«  £  In 

V  <-  «<£ 


Sw 


'I  — '-^'-  —  —  — — — eis»I>iNClIlIgS5« 


»-  —  —  >-»-.-.-  —  —  —  e5u»<ci«oi 


•inestcoJcimWaoo^o&O'-X'w-r^'TCM'-ccctsc-o 


ocjujocpe)  —  c» 


-  V5  (^  c:  o  C-J  CO 


>  ta  Qc  o  —  ■?> 


t-n-ic«c»n^^>o«>toc:t~acoocio»co  —  ?^'^icm- 


w  —  (NJ»««0»rTrOO«Ot^J^XCr3C-.  C.  OC  —  —  T'TfC; 


W30«0«50«0»OOiOO*00»OwiOC«5ClftSlOOtO 


»"-<«i>r5wvromtt!<cco«»t^aocco-.  C!00— <  —  ?• 


—  —  c*'?*c^c5«^r'^w*-'5*oo<s(^r«aocrjot)oc:co  — 


ci  r-  -r  t  TJ  —  c  QC  o  «5  p  T»  o  c:  i~  o  T  ?>  —  c:  gr  »  10  5j  (M  r5 


—  —  —  «c»c<r5«r5Tv^««5io<c<oa5i^i-i»xxs: 


r-^r  —  cciQ'Notcnc-.  5cc5or^3'  —  00"?ciCTtcc^>oiorro 


SL 


-T-.jS^n<oxoco>rar-oc*'^!Dcj— «<D(j5cMuit~o 


►>   ""O»n^ioet-ooo»o-"e»n"»>oor»xoo  — 


"•-i-<  —  —  — —  —  —  t-i5jc»6ji»< 


RBADY   EECKONEK — FKEIGHTS — EXCHANGE. 


105 


Ready  Reckoner  for  Boarding  Houses,  Hotels,  Sfc. 

IThcBC  Tables  give  the  amount  of  everj-,  and  nny  number  of  Days,  from  I  to  7,  at  from 

.10  Centa  to  IJ  Dollars  per  week.] 

When  the  board  exceeds  $10.  per  week,  add  together,  or  double  two  numbers. 


Dnys. 

50  c. 

75  c. 

81  00 

$1  25 

»1  50$  1  75 

S2  00 

«i2  25 

$2  50 

$3  00 

1 

7 

11 

11 

13 

21   ,      25 

29 

32 

36 

43 

2 

14 

21 

2fl 

36 

43         50 

57 

64 

71 

86 

3 

21 

32 

43 

54 

64          75 

86 

96 

1  07 

1  29 

4 

29 

43 

57 

71 

80 

1  00 

1  14 

1  29 

1  43 

1  71 

5 

m 

51 

71 

M 

1  07 

1  25 

1  43 

1  61 

1  79 

2  14 

6 

4:5 

()4 

82 

1  07 

1  29 

1  50 

1  71 

1  93 

2  14 

2  57 

7 

50 

75 

1  01 

1  25 

1  50      1  :5 

2  00 

2  25 

2  50 

3  00 

Day8. 

$3  50 

$4  00 

S4  50 

$5  00J«6  00 

$7  00 

$8  00 

$9  00|$10  00] 

I 

50 

57 

64 

71 

86 

1  00 

1  14 

1  29 

1  43  1 

2 

1  00 

1  14 

1  29 

1  4:1 

1  71 

2  00 

2  29 

2  67 

2  86  1 

3 

1  5(1 

1  71 

1  93      2  14 

2  57 

3  00 

3  *)  !  3  80  !     4  29  1 

4 

2  (K) 

2  29 

2  57 

2  86 

.-1  43 

4  iMi      4  ■>7 

.')  14 

5  71 

5 

2  50 

2  86 

3  21 

3  57 

4  29 

5  00      5  71 

6  43 

7  14 

6 

3  00 

3  43 

3  8<i 

4  29 

5  14 

6  00      6  86 

7  71 

8  £7 

7 

3  50 

4  00 

4  50 

5    0 

6  00      7  00  1  8  00 

9  00 

10  W 

FREIGHTS.  —  QUANTITY  OF   GOODS   WHICH  COMPOSE   A   TON. 
From  the  By-Laws  oftht  New  York  Chamber  of  Cotiimerce. 
Thai  ihe  aniclea,  the  liulk  of  which    cask.s,  «eveii  hundred  in  bags,  and 


■hull  cxii  pnse  a  tiiM.  10  equal  a  ton  of 
heuvy  rniileriuUjgliall  lie  in  weight  us 
folliiWA:  156s  II18.  of  coffee  in  cusks, 
1830  Mis  inliiigi*;  1 120  Ihs.  of  cocoa  in 
casks.  1:}07  ll*«.  in  liugs. 

052  Ib6.  pimento  in  casks,  1110  in 
bag-t. 

Kiglii  barrels  of  floor,  196  lbs.  each- 
Six    barrel*  of  beef,   pork,  lallowi 
pickleil  fi8h.   pitch,  lur  and  lurpeiiiine- 
Tweiiiy  hiiiMlred  pouiiils  ot  pig  uiid 
bar  iron,   potiishes,  sugar,   logwood, 
fustic,  NtcurMgua  wood,  and  all  heavy 


mid  all  iiiher  heuvy  goods. 

Sixteen  hundred  pounds  of  coffee, 
cocoa,  and  ilried  codfish,  tii  bulk,  and 
twelve  hundred  [xiunds  of  dried  cud- 
fish  ill  ca-ks  ofuiiy  size. 

Six  hundred  pounds  of  ship  bread  in 


eight  iiundred  in  bulk. 

'I'wo  hundred  gul'ons  (wine  mea- 
sure,) reckoning  ilit  lull  contents  of 
the  cuskii,  «>tl,  wine,  brandy,  or  any 
kind  of  liquors. 

Tweniy-two  bushels  of  grain,  peas, 
or  beans,  in  casks. 

Thirty-six  bushels  of  grain  in  bulk, 

Thiriy-«ix  bushelsol  Kumpean  salt. 

Thirty-one  bushels  \V.  India  salt. 

Twenty-nine  bushels  ol  sea-coal. 

Forty  feet  (cubic  measure)  of  nia- 
liogany,  square    timber,  oak   plank, 


dyew.-ods,  rice,  honey,  copper  ore,    P"."".  »"? '"n"' '>"»"'n  I'eavers,  furs, 
•'■■•■  ".      ' '  'I  peltry,   beeswax.  C4.11011,  wool,   and 

bale  goods  of  all  kinds 


One  hogshead  of  tobacco,  and  ten 
hundred  pounds  of  dry  hides. 

Kight  hundred  poundsof  China  raw 
silk,  tell  hundred  pounds  of  net  buhea, 
and  800  green  lea. 


EXCHANGE  ON  ENGLAND. 

8  pr.  ct.  S4.66  7  17  pr.  ct-  8i4.75.6  I  8}  pr.  ci.  8.4.83.3  I  101  pr.  cU  f  4.91.1 
Si  .  .  .  4.68  0  I  7i  .  .  ,  4.70.7  I  9  .  .  .  4.84.4  10|  .  .  .  4.92.2 
Sj  .  .  .  4.70.0  I  7I  .  .  .  4.77.8  91  .  .  ;  4.85.6  |  1 1  ...  4  93.3 
6  .  .  .  4.71.1  73  .  .  .  4.78.9  1  ol  .  .  .  4.86.7  ,  111  .  .  .  4.5(4.4 
9i  .  .  4.722 '8  .  .  .  4.8<l.0|9|  .  .  .  4.87.8  |  111  .  .  4.95.6 
el  .  .  .  4.7.3.3  I  81  .  .  .  4.81.1  16  .  .  .  4.88.9  I  I1J  .  .  .  4.06.7 
,«}  .    4.74.4  I  8j     .    .     .     4.82.2  1  10]  .     .    .    4.90  0  1  12    .         .    4.97.8 

Old  par  value  of  the  Pound  Sterling  is  S4  44.4.  Present  standard  vaitie  is 
$4  S4.4  When  exchange  is  at  9  per  cent,  it  is  then  at  par  value  ;  if  less  than 
0  it  IS  be.low,  if  higher  than  9  it  is  alxive. 

To  reduce  old  par  value,  Si4  44.4,  to  dollars,  multiply  by  40,  and  divide  by  9. 
To  reduce  dollars  to  old  par  value,  rever«e  by  multiplytitg  by  9  and  diviciinff 
by  40.    Tbo  shillings  and  pence  must  first  be  reduced  to  decimals  of  a  pound. 


106 


INTEREST    TABLE   AT    6    PER   CENT. 


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INTEREST  TABLE  AT  7  PEB  CENT. 


107 


(«)t^  —  —  —  f-i  —  coof*QDr* 


COtniAoi^coosTt 


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108 


MONTH  AND   YEAR   INTEREST   TABLES. 


MONTH    AND    YEAR    INTEREST    TABLES 


MONTH  INTEREST  TABLE,  AT  SIX  PER  CENT  PER  ANNUM. 

[See  Table  of  Interest,  by  Day,  at  page  100.] 


Doll 

1  Mo 

•  1 

a  Mb 

3  Mo 

•  2 

4  Mo 

■  2 

5  Mo 

•  3 

6  JMo 
•  3 

1  Mo 

•  4 

8  Mo 

•  4 

9  Mo 
•  5 

10  M 
•  5 

llJlf 
~^6 

1  Vr 
•  6 

1 

2 

•  1 

■  2 

•  3 

•  4 

•  5 

•  6 

•  7 

•  8 

'  9 

•10 

•11 

•12 

3 

•  2 

•  3 

•  5 

•  6 

•  8 

•  9 

•11 

12 

•14 

•15 

•17 

•18 

4 

•  2 

•  4 

•  6 

•  8 

•10 

•12 

•14 

•16 

•IS 

•20 

•22 

•24 

6 

•  3 

•  5 

•  8 

•10 

•13 

•15 

•18 

•20 

•23 

•25 

•28 

•30 

fi 

•  3 

•  6 

•  9 

•12 

•15 

•18 

21 

•24 

••27 

•30 

•33 

•36 

7 

•  4 

•  7 

•11 

•14 

•18 

•21 

•25 

•28 

•32 

•35 

•39 

•4'2 

8 

•  4 

-  •  8 

•12 

•16 

•20 

•24 

•28 

•32 

•36 

•40 

•44 

•48 

9 

•  5 

■  9 

•14 

•18 

•23 

•27 

•32 

•36 

•41 

•45 

•50 

•54 

10 

•  5 

•10 

■15 

•20 

•25 

•30 

•35 

■40 

•45 

•50 

•55 

•60 

15 

•  8 

•15 

•23 

•30 

•38 

•45 

•53 

•60 

•68 

•75 

■m 

•SO 

20 

•10 

•20 

•30 

•40 

•50 

•60 

•70 

•SO 

•90 

1-00 

1-10 

1^20 

25 

•13 

•25 

•33 

•50 

•63 

•75 

•88 

100 

M3 

1-25 

138 

150 

30 

•15 

•30 

•45 

•60 

•75 

■90 

]-a5 

1-20 

1-35 

1-50 

165 

1-80 

40 

•SO 

•40 

•60 

•80 

l^OO 

1-iO 

1-40 

100 

1-80 

2-00 

2^20 

2-40 

50 

■25 

•50 

•75 

1  00 

1-25 

1^50 

1-75 

2-00 

2-25 

2-50 

2-75 

3  00 

60 

•30 

•60 

•90 

1-20 

IJO 

1-80 

2-10 

2-40 

2-70 

3^(H) 

330 

3-60 

70 

•35 

•70 

105 

140 

1-75 

2^10 

2-45 

2-80 

3- 15 

3  50 

3-85 

4-20 

80 
90 

•40 
•45 

•80 
•90 

1-20 
135 

1-60 
l^SO 

200 
2^25 

2-40 
2-70 

2-30 
3-15 

3-.J0 
3-60 

3  60 

4^00 

4-40 
4-95 

4-eo 

5-40 

4-05 

4-50 

100 

•50 

100 

1^50 

2-00 

2^50 

300 

3-50 

4-00 

4-50 

5  00 

5-50 

6-00 

200 

1-00 

2-00 

3  01 

400 

5- (HI 

600 

7-00 

8-00 

9-00 

lOflO 

11-00 

12-00 

300 

1-50 

300 

450 

$■00 

7^50 

9-00 

10-50 

1-2-00 

13  50 

15-00 

16-50 

18-00 

400 

2-(H) 

400 

600 

8-00 

1000 

12-00 

14-00 

16-00 

18-00 

20-00 

2-2-00 

21-00 

500 

^■50 

500 

750 

1000 

12-50 

15-00 

17-00 

20-00 

22-50 

•2500 

27-50 

3000 

lOflO 

5-tJO 

10-00 

15  00 

2000 

25^00 

30-00 

35-00 

40-00 

45-00 

50-(IO 

55-00 

60-00 

MONTH  INTEREST  TABLE,  AT  SEVEN  PER   CENT    PER  ANNUM, 

[See  Table  of  Interest,  by  Day,  at  page  107.] 


DoU. 

1  Mo 

iMo 

3  Mo 

4  Mo 

5  Mo 

%Mo 

7  Mo 

8  Mo 

9  Afo ,  10  M 

IIM 

1  Yr 

!• 

•  1 

•  1 

~^Z 

■  2 

•  3 

~^4 

"  ■  4 

•5 

•  5 

—6 

•6 

•  7 

2- 

•  1 

•  2 

•  4 

•  5 

•  6 

•  7 

•  8 

■  9 

•11 

•12 

•13 

•14 

3^ 

•  2 

•  4 

•  5 

•  7 

•  9 

•11 

•12 

•14 

•16 

■18 

•19 

•21 

4^ 

•  2 

•  6 

•  7 

•  9 

•12 

•14 

•16 

19 

■21 

•23 

•26 

•28 

5- 

•  3 

•  6 

•  9 

•12 

•15 

•18 

■20 

■23 

■26 

•29 

•32 

•35 

€■ 

•  4 

•  7 

•11 

•14 

•18 

•21 

■25 

•28 

•32 

•35 

•39 

•42 

T 

.  4 

•  8 

•12 

•16 

•20 

•25 

■29 

.33 

•37 

•41 

•45 

•49 

8- 

•  5 

•  9 

•14 

•19 

•23 

-28 

■33 

•37 

•42 

•47 

•51 

•56 

9^ 

•  5 

•11 

•16 

•21 

•26 

•.32 

■37 

•42 

•47 

•53 

•58 

•63 

10- 

•  6 

•12 

•18 

•23 

•29 

•35 

•4T. 

•47 

•53 

•58 

•64 

•70 

15 

•  9 

.18 

•26 

•35 

•44 

■53 

•01 

•70 

•79 

•88 

•96 

1.05 

2(C 

•12 

•23 

•35 

•47 

•58 

•70 

•82 

•93 

ro5 

M7 

1-28 

1^40 

25^ 

•15 

•29 

•44 

•58 

•73 

•88 

102 

1-17 

131 

1-46 

100 

1-75/ 

30^ 

•18 

•35 

•53 

•70 

•88 

105 

123 

1-40 

V58 

1-75 

I  93 

2-10\ 

40^ 

•23 

■47 

•70 

•93 

117 

1-40 

]■») 

1^87 

2-10 

2  33 

257 

2-80 1 

50- 

■29 

•58 

•88 

M7 

1^46 

175 

2-04 

2.33 

2-63 

2^<)2 

3-21 

3-501 

60- 

•35 

•70 

105 

140 

1-75 

210 

2-45 

2^80 

3-15 

3-50 

3-85 1   4-20 

70- 

■41 

•82 

1-23 

163 

204 

2-15 

286 

3-27 

3^6S 

4-08 

449'   490 
5-13     5-60 

80- 

•47 

•93 

140 

1-87 

2.33 

2-80 

3'27 

3-73 

4-20 

4-67 

9«^ 

•53 

V05 

158 

210 

2  63 

3-15 

3-68 

4-20 

4-73 

5-25 

5  78     6.30 

\m- 

•56 

117 

175 

2-33 

2-92 

3-50 

4-08 

4^67 

5-25 

583 

6-42     700 

sno- 

117 

233 

350 

4-67 

5-83 

7-00 

8^I7 

933 

1050 

11-67 

I2-S3   14-00 

300- 

175 

3-50 

5-25 

7-00 

S-75 

1050 

12'25 

1400 

15-75   1750 

19-i5   2100 

4(X)- 

233 

4^67 

7-00 

9-33 

11^67 

1400 

16  33 

18-67 

21^00  23  33 

•25  67  '28-00 

500- 

2-92 

5-83 

8^75 

11-67 

14-53 

17-50 

2042 

23-:0 

26-25   '2917 

3'2-08  3500 

1000- 

5-63 

11-67 

17  50 

23-33  '29-17 

35-00  40-83 

46-07 

52^50  53-33 

6417   7000 

A  sum  nt  simple  interest,  at  5  per  cent.,  will  double  in  20  years.  At  6  per  cent. 
it  will  double  in  16|  years. 

A  sum  at  coropound  interest,  at  5  per  cent  per  annum,  will  double  in  14  years 
and  2i  monih'.  A  sum  at  compound  iuterest,  at  6  per  cent,  will  double  in  11  years 
aud  10}  months. 


EQUATING,  OR  AVERAGING  PAYMENTS. 


109 


O    0.4)^ 
^    ®-§    = 

•Sou 

O  —    4)    - 


CO  I  S 


'I'A  BLK  for  Banking  ami  Eqrintion,  sho«'iii<c    tlip   luni  l«i  cl 
•lajr<   Iron!  (iiir  Date  In   otie    Muiiih,  tu  the  (ame     Dale    in 

•  njr  uthei    Munth.  Kxmnple.      Ilow  muny    d«Tii    I'toiii 
the  Sil  ol  KVbrumy  to  the  'M  ol  Aiif;u>t  I    Look  for  I'  ebruury 

•  I  the  IcK  hand,  ami  Aiiguu  at,ihe  lop,  In  the  angle  U  ,H,- 


I8S5. 

frocn 
To 

Jan. 

F«b. 

Mnr. 

April. 

AlHy. 

Juno. 

July. 

Au:{. 

Sppi 

OrX 

Nov. 

Dec. 


3ia'  .11 

3:14  3!  5 

{()H  :i:i7 
a?.*!  3(16 

21.'id7« 
214  3« 
184  21.5 
1.53  184 
12-i  l.tl 
9J  123 
Kli  9-2 


S    < 

.59    90 

28;  5* 
3(i5  31 
3;}  r  305 
314  :a5  3fi.5 

•J73  3m  334 
213  274  3114 
212  243  273 
181  212242 
1.51  I«2!212 
I2<l  1.5i;iKl 
91  121  1.51 


3113334:'!  5  30 
273  3n4f3,^5:3(i.5' 
242  27313114  [334: 
21-.' 243 1274 '304; 


•a  c  Ot^ 
_  3  ^  o 
tE*-*  o  m 


2  §-«■- 

80  "O 


NOTK.— If  Leap- Year,  add  one  Day  If  February  be  included. 

EQUATION    OF   PAYMENTS. 

RuLK.  —  Multiply  each  Dol)t  by  the  time  in  w  bich  it  is  Payable,  and 
divide  ihc  Sum  of  the  Products  by  the  Sum  of  the  Debts—  as  Inllows  : 
Bought  at  4  months'  credit.     When  is  the  equated  time  of  payment  ? 
1855.  'AtnU.  Days.        Products. 

March   1.       $  50.0(1 


7. 
12. 
19. 


67  00  Multiplied  by   6  equal  402  00 
32  00  •«  "  U      "      352.00 

82,00  "  "  18      "     1470.00 


$23100 


)  22.30.110  (  9  day* 
2079  00 


8230  00  beins;  divided  by  231.00  gives  9  dny»  and  151  00         ns  the  re- 

mainder, \vhi'-n  Imter  being  more  ihaii  h<ilf  ot  2:JI.00,  counis  a  whole  day. 

The  colnmn  nf  d.ivs  represent*  the  number  of  days  after  July  1  (4  monlht 
after  March  t.)  ai  \vhi<-h  time  the  severul  debt*  become  payable.  The  quotient 
9  days  (and  ihe  remainder)  added  tu  July  1  gives  July  11  fur  ihe  equated  lime. 

AMOTHER    MkTHUU    FOK    riNDIMO    THF.    AVKRAGE   PaTMJlNT   OF 

DirKEKKNT  Payments. 
Rct.F..  —  Find  the  interest,  by  Interest  Tables,  on  each  item  from  (be 
dale  of  each  charge  to  the  date  of  the  la.st  charge.  Add  up  the  interest  of 
these  several  charges,  and  then  ascertain  how  Ion;;  a  time  it  will  take  for 
the  /o<a/ of  the  account  to  make  that  amount  of  Interest — then  deduct  this 
time  from  the  dale  of  the  last  charge  in  the  account,  and  this  will  give  you 
the  munth  and  day  of  the  average.  Cents  may  be  disregarded  iinicss  over 
50,  and  counting  them  as  an  additional  dollar  if  they  arc  5U  or  more. 
Bought  cU  4  months.      IVhen  is  the  average  time  of  payment.  * 

March  1,3300.  From  March  I  to  July  1  is  122  days —Interest  $4  07 

April   2,      70.  "      April    2  to  July  lis    90  days.—      "            105 

May    4,      30.  "      May      4toJulylis    .53  days.—      "               29 

June    6,      50.  "     June     6  to  July  1  u    23  day*.—      "              21 
July     1,      50. 

$400.  95  61 

The  Intercut  (hi  8400,  for  3  months  and  24  days  is  $5  60.  Now  deduct  the 
■  mount  of  time  (2  moiiihx  and  24  days)  from  the  dote  of  the  last  charge,  (Julf 
1,)  and  ihi«  will  give  April  0,  as  the  munth  aud  day  fur  the  tivtntgr,  and  Aaf« 
61I1  as  the  day  of  payment. 

BMA  10 


110    GOLD   COINS,    WITH   THEIK  WEIGHT   AND   VALUE. 


(SOLD    COINS    WITH    THEIR    WEIGHT    AND    VALUE. 
C24  grains  equal  1  pennyweight,  20  pennyweights  1  oance,  12  oances  1  pound. 


Denominatinn. 


I  H'eight.^  Val.  Oenominatwn.  I  Wi-tr/itJ.  yaL 


UNITED     STATES. 
270 


I  9-  C. 
10  66 


Eagle  b«rore  1834,      . . . 

(I  &  I  in  proportion.) 

Eagles, alter  ICi34,      ... 

DouMh  Eiiglc, 

HalfEaglii,     

Three  Dullar  piece, 

Cluiirier  l-li^le, 

Gold  Dullar, 

AUSTRIA,     dl.gr .g  c 

Quadruple  Ducat, I  M  UU      9  12 

Ducat, 2    5'    2  28 

Suuv«raiu(fur  Lombardv)  I  7    7      6  75 


258 

516 

129 
77.4 
64.5 
25.8 


10  on 
2a  oj 

5  00 

3  ou 

2  50 

1  uo 


Oarolin, 16    ajj  4  93 

Ducat I  2    5||  2  27 

BELGIUM. 

Twenty  Franc  pieces,  ..   14    3^1  3  82 
Forty  Frauc  pieces, |  8    7  |  7  67 

BOLIVIA. 

Doubloon, |17    84|15  58 

BRAZIL. 

Johannes, (|  in  pru|i.)...  18  00  17    4 

Dobrnan 34  12  32  71 

Dobra. 18  16  17  31 

ftloidure,  (|  in  prop.)...  6  32  6  .56 

Piece  or6,400rei8 9    6  8  72 

BRUNSWICK  &  HECKLENGBURGH. 
TeaTbaler,  1813tol838, 1  8  13  |  7  89 

CENTRAL   AMERICA. 

Doubloon, |17    9  |I4  96 

COLUMBIA. 

Doubloon, 117    8^115  62 

CHILI. 

Doubloon,  (before  lc>:<5.)    117    9  115  S7 
«  (after  1835,)..  |l7    9  1 15  66 

DENMARK. 

TenThivlor, I  8  13  I  7  88 

Feed.  D'ur,  1813  to  1839,  |  4    C  |  3  93 

ENGLAND. 

Oaiaea,(}  in  prop.) 15    8  I  5  05 

Sovereigns,  (^  In  prop.)  .5    3i|  4  85 
<<        (Double)  .....  |lO    6||  9  70 

EAST   INDIES. 

Rupee,  Bombay, i  7  11  (  7  09 

Rupee,  Madras 7  12      7  II 

Paj;oda,SUr )  2  4}  |  1  79 

SAXONT. 
Ooubte  Aug.  D'or,  1837,  •  I  8  13  I  7  94 
Ducat, I  2    6  13  26 


?il 


!  7  10 

2  27 
4  Utf 


\dt.gr.\%.e. 
D'hle  Louis,  (before  1786)   10  11      9  71 

Louis,  <l< 5    4      4  79 

O'ble  Louis,  (since  1736).      fl  2<i      9  16 

Lnuii),  do 4  23      4  52 

Double  Napoleon,  ur  40 

Francs, 18    7   I  7  68 

Napoleon,  or2'J  Frames,  .  |  4    3||  3  84 

HOLLAND. 

DoubleRyder, 1221112  20 

Kyder, 6     »  |   6  04 

Ducat 2    5JI  2  2'' 

HAMBURGH. 
Ducat, (double  in  prop.)  .  |  2    5J|  3  27 

HANOVER. 
Ten  Thaler,  Gei)r?e  II.   .  I  8  13  I  7  84 
Do.  VVni.  IV.  &  Ernest,  .  |  8  13      7  89 

Fine  Thaler |  4    6  |  3  91 

Ducat, I  3    5i|  2  28 

HINDUSTAN. 

Mohur,  E.LCo |  7  12 

NETHERLANDS. 

Ducat, I  2 

Ten  Gilderi>,(^  in  prop  )  .|  4 

NEW    GRENADA. 
Doubloon,  (ofvariou.!  fine- 

ne8s)rroni  $15,31  toSI5,- 

71,  gcnornlly  weigh  the 

same  as  a  dollar,  average  |17  8||I5  S3 
MEXICO. 
Doubloon. ("hares  in  prop.) 

vnrious  dates  coined  at 

difTerent  mints,  varying 

in  value  frum  $15  44  to 

$15  67,....aveidge,. . . 

PRUSSIA. 

Frederick  D'or I  4    6 

Double  do.  1831 |  8  13 

Do.  do.  to  1811 1  8  13 

RUSSIA. 

Five  Rubles, 4    4      3  95 

Ducat,  I79fi 2  18     2  76 

Iinperial,180l,(}inprop.)     8    7      7  84 
SARDINIA. 

Twenty  Lire, |  4    3  |  3  83 

SWEDEN. 

Ducat, I  2    5  I  383 

SPAIN. 
Quadruple  Pistole, nr  Doub- 
loon, (}  in  prop.)  1772, ..  |I7    81116  03 

Douhloun,  I8!ll, 117    9    15  54 

Pistole  (i  Doubloon) 4    8i    3  90 


117  8j|15  53 


3  95 
7  97 
7  92 


VALUE  OF  SILVER  COIN  fc   FOREIGN    CURRENCY. 


Ill 


RATES  OF  SILVER  MONKY  AND  FOREIGN  CURRENCY. 

(Established  by  Law.— Onstom  House  Value.) 


$c.  in 
DoLLji«ofU.  S.  (J&iiiiprop.)1.00    | 

of  Austria, -        97 

of  Sweden, (species  dnier,)  -  1.04 
of  Norway,  ( Kig^sbaiik  daler)  1  Oo 
•f  Netherhiiids,  -  -  -  -  1.00 
of  Deiiinark,  (Species  daler,)   1.U4 

of  Bremen, 78  7 

ef  Bolivia,  Peru  fc  Chili,      -     100  6 
of  Central  Am.  uncertain,   -        97 
•f   Mexi<'(>,  8    reals,  (varying 

fn)m9.5lo  100,)  -    -    -    -     1.00 
of  New  GrenadH,  (usual  wt.)  10-2 
Pound  Sterling  of Gr.  Britain,    4.84 
Half  Crows  of         do.  -    •        St 
Shilling  of  do.  -    -        2-i 

FiKIRPtKCB  of  do.  -     -  7 

Fbanc  of  France  and  Belgium,     IS  5 
FiVB  Franc  of  France,  -        93 

Rix  Dollar  of  Austria,  •    -       97 
of  Berlin  &  Saxony,  ...       69 
of  Batuvia,  ..-.-.        75 
Tmalbk    of    Prussia,    Saxony, 
Brunswick,  &  Hesse  Cassel,  68 
of  Leipsic  and  (laiiover,      -        69 
Florins  and  Guilders  of  Nu- 
remliurg,   St.   Gall,    Frank- 
fort,  Netherlands,  Bavaria, 
Brazil,  Baden,  Amsterdam, 
and  Rotierilam, .    ■     .    .        40 
of  Austria,  Trieste,  Bohemia 

I<iep.<ic,  and  Augsburg,    •        48  5 
of  Pru!<sia,    -.-.-.        'Zi 

of  Tuscany, -        26 

of  Brabant,  ......        34 

GuiLngRof  Wurteraberg,       -        39  51 


$c.  m. 

Double  Thaleb  of  Prussia,     1.39 
Real  Vello.n  of  Spain,    .    .         5 

of  Plate,        10 

PisTAREEN  (4  Real  Vellons  of 

Spain,) 19  6 

Pound  of  Briii.sh  Provinces,  .     4.00 
of  Jamaica,  Turks  Island,  and 
Honduras,      .....     3.00 

of  Nassau,    ......     2.50 

Ducat  of  Naples,      ....       80 

Ounce  of  Sicily,      ....     2.40 

ScuDo  of  Malta,  .    -    -    -    .       40 
of  Naples,    -    -  ...        94 

of  Rome, 1.00  5 

PEZZoof  Leghorn,  .    ...       907 
Mill  Rea  of  Azores,  ...       83  3 

of  Madeira, 1.00 

of  Portugal, 1.12 

Marc  Banco  of  Hamburg,     -        35 
Rouble  of  Rus.<(ia,  silver,      •       75 

of  Russia,  paper,  ....        81  4 
Piastre  of  Turkey,      ...         5 
Twenty  Piastres  of  Turkey,      82 
LiR.»,  (for  Lomburdy  4t  Tuscany,)  16 
16 

18  6 
93  3 
18  5 
53  5 
36  6 
1.48 
1.84 
1.05 
1.84 
44  6 


Twenty  Kreutzgrs, 

Lira  of  Sardinia,      ... 

Five  Lira  ofSardinia,    . 

Li  VBK  of  Genoa,       ... 
of  Catalonia  &  Barcelona, 
of  Neufcbatel,  .    .    .    - 

Tale  of  China,     .... 

Pagoda  of  Madras,        -    . 

Crown  ofTuscany,      -    . 

Pagoda  of  India  .... 

Rupee  o(  British  India, 


All  foreien  Silver  Coins  possess  a  higher  standard  value  than  the  preseut 
Uuited  Siulcs  coinage. 


VALUE  AND  WEIGHT  OF  U.  STATES  SILVER  COINS. 


Name*  of  the  Coins. 


One  Dollar, or  ten  Dimes,  (No  change  in  Law.) 
Half  Dollar,  or  five  Dimes,      .... 
Quarter  Dollar,  or  two  and  a  half  Dimes,  - 
One  Dime,       ....... 

Half  Dime, 

Three  Ceut  piece, '. 


Copper  Crnl, 
Hair  Cent, 


Grains. 


100 

192. 

50 

96. 

25 

38.4 

10 

19.2 

5 

11.52 

3 

168. 

1 

84. 

0.5 

Value. 


The  Standard  fineness  of  Gold  and  Silver  Coins  is  one  weight  of  allot/  <• 
HifM  weights  of  pure  metal.  The  alloy  for  Gold  Coin  is  Silver  and  Copper, 
and  Copper  for  Mlver  Coin.  On  the  following  page  will  be  found  the  weight 
of  the  American  mud  Spaaish  Dollar  and  Farts, —  of  the  old  coinage. 


112        REDUCTION    OF    FOREIGN    MONEY    TO  U.    STATES. 

REDUCTION    OF    FOREIGN    MONEY. 

A  U.  Stales  Silver  Dollar  weighs  412^  grains;  Half  Dollar  200j  ;  Q-iancl 
Dollar  lu3;  Dime  41;  Half  Dime  20  Spanish  Dollar,  of  late  coinage,  418 
grams;  Half  Dollar  203  ;  Quarter  Dollar  (1774)  1033  ;  One-Eighth,  or,  ileal, 
i5  ,  One-Sixleenlh,  or,  6^  Ceul  piece,  21. 


ENGLISH 

STERHNQ    REDUCED   TO   DOLLARS    AND    CENTS. 

s. 

c.  m. 

s. 

e.  m. 

£ 

Sc. 

£ 

$    e.     £ 

$    *. 

£ 

S    e. 

£ 

$  t. 

1 

24  2 

11 

266  2 

1 

484 

11 

5324    21 

10164 

31 

150  04 

41 

19844 

2 

48  4 

12 

290  4 

2 

908 

12 

5808 

22 

10648 

32 

1.54  88 

12 

203  28 

3 

726 

13 

3  14  6 

3 

14  52 

13 

6292 

23 

11132 

33 

159  72 

43 

206  12 

4 

968 

14 

3  38  8 

4 

19  36 

14 

67  76 

24 

11616 

34 

164  5fi 

44 

212  96 

5 

I  21  0 

15 

3  63  0 

5 

24  20 

15 

72  60 

25 

12100 

35 

169  40 

45 

217  80 

6 

1452 

16 

387  2 

6 

29  04 

16 

77  41 

26 

125  84 

36 

17424 

46 

222  64 

7 

169  4 

17 

4  11  4 

7 

33  88 

17 

8228 

27 

130  68 

37 

17908 

47 

227  48 

8 

193  6 

18 

435  6 

8 

38  72 

18 

87  12 

28 

135  52 

3j< 

183  92 

48 

232  32 

9 

2  17  8 

19 

4  59  8 

9 

43  56 

19 

9196 

29 

140  36 

39 

188  76 

49 

237  16 

10 

2420 

20 

484  0 

10 

48  40 

20 

9680 

30 

145  20 

40 

193  60 

.50 

242  00 

FRENCH    FRANCS    REDUCED   TO    DOLLARS   AND    CENTS. 


fr 

^cts 

fr 

Set. 

fr 

%cts 

fr 

$  CUS 

fr 

9r.ts 

fr 

%cts 

frs 

S  cts 

1 

19 

15 

293 

31 

577 

46 

8  56 

61 

11  35 

76 

14  14 

91 

16  93 

3 

37 

17 

3  16 

32 

595 

47 

8  74 

62 

11  .53 

77 

14  32 

92 

1711 

3 

56 

18 

3.35 

33 

614 

48 

8  93 

6:1 

11  72 

78 

14  51 

93 

17  3l( 

4 

74 

19 

35( 

34 

632 

49 

911 

64 

11  90 

79 

14  69 

94 

17  48 

f> 

93 

20 

3  72 

35 

651 

50 

9  30 

65 

12  09 

80 

14  88 

95 

17  67 

6 

1  12 

2! 

3  91 

36 

670 

51 

9  49 

66 

12  28 

81 

15  07 

96 

17  86 

7 

1311 

22 

4  09 

37 

688 

52 

9  67 

67 

12  46 

82 

15  25 

97 

18  01 

8 

149 

23 

4  28 

38 

7  07 

.53 

9  86 

68 

12  &5 

83 

15  44 

98 

1823 

9 

167 

24 

4  46 

39 

725 

54 

10  04 

69 

12  83 

84 

15  62 

99 

1841 

10 

186 

25 

4  65 

40 

744 

55 

10  ai 

70 

13  02 

85 

15  81 

100 

1860 

)I 

2115 

26 

4  84 

41 

763 

56 

10  42 

71 

13  21 

86 

16  00 

200 

37  20 

12 

2  23 

27 

5  02 

42 

781 

.57 

10  60 

72 

13  39 

87 

16  18 

300 

55  80 

13 

2  42 

28 

.5  21 

43 

800 

58 

10  79 

73 

13  .5f 

88 

16  37 

400 

74  40 

14 

2  60 

29 

5  39 

44 

8  18 

59 

10  97 

74 

13  76 

89 

16.55 

500 

93  00 

15 

279    30 

558 

45 

8  37 

60 

11  16 

75 

13  95 

90 

16  74 

600 

11160 

THALERS    REDUCED    TO   DOLLARS    AND    CENTS. 


69 
138 
207 

2  76 

3  45 

4  14 
483 


c.  % 

5  52 

6  2! 

6  90 

7  59 

8  28 

8  97 

9  66 


S  c. 

10  35 

11  4 

11  73 

12  42 

13  11 

13  80 

14  49 


S  c. 

IS  18 

15  87 

16  56 

17  2.5 

17  94 

18  63 

19  32 


Sc. 

20     I 

20  70 

21  39 

22  8 

22  77 

23  46 


8  e. 

24  ■'4 

25  53 

26  22 

26  91 

27  00 

28  29 
2*198 


$  e. 

29  67 

30  36 

31  5 

31  74 

32  43 
Xi  12 
.33  81 


BREMEN 

mX   DOLLARS    REDUCED   TO   DOLLARS   AND    CENTS. 

r.d. 

$  e. 

r.d. 
9 

$e. 

r    d. 
17 

$  c. 

r   d. 
25 

1969 

r.d. 
33 

25  99 

r.  d. 
41 

8  c. 
32  29 

1 

78} 

709 

1339 

2 

153 

10 

783 

18 

14  18 

26 

20  48 

31 

20  7^ 

42 

3:HH 

3 

236 

11 

860 

19 

14  96 

27 

2120 

25 

27  5« 

43 

33  86 

4 

315 

12 

94S 

20 

15  75 

23 

2205 

36 

2833 

41 

3165 

6 

394 

13 

1021 

21 

1051 

29 

2-2  34 

37 

29  14 

45 

35  44 

0 

4  73 

14 

1103 

22 

1733 

30 

2363 

33 

29  93 

46 

3623 

7 

551 

IS 

1181  1 

23 

18  11 

31 

24  41 

39 

30  71 

47 

37  01 

8 

630 

IS 

12  60  1 

24 

1800 

.32 

25  20 

40 

3150 

43 

37  80 

PRESENT    VALUE    OF    A    WIDOW  8    DOWER. 


113 


THE    PRESENT    VALUE   OF    A    WIDOWS    DOWER. 


The  Carlisi.k  Table  of  the  ExPECTATtON  of  Life,  (which  is  in  general  use 
ill  KnglRiitl,  niul  has  been  ndopif  d  hy  some  of  the  Life  Insurance  Companies 
in  iiiis  Country,)  diflers  from  the  Table  below  in  the  first  41  >;ear8  of  lile  — 
but  between  the  ages  of  44  and  92  the  variaiiun,  it  any,  is  trifling. 


Should  the  widow  and  her  children,  or  other  heirs,  deem  it  expedient  to 

(cll  the  estate  entire,  it  can  be  ascertained  by  tlic  following  Tables  to  what  propor- 
tion of  the  proceeds  the  widow  will  be  entitled. 
The  following  Table  give*  the  Expectation  of   Life,  according  to  Dr.  Wigglesworth's 
Table  of  Mortality,  (adopted  by  the  Supreme  Court  of  Massachusetts  as  a  rule  of 
estimating  the  value  of  life  estates. — 10  Mass.  Rep.  313.) 

TABLE    L— EXPECTATION    OF    LIFE. 


u 

bo 

< 

lit 

i 

< 

C"0 

•SC5 

W.S 

< 

o  a 

|U 

0 

29.15 

10 

.35.76 

32 

29.43 

48 

22.27 

1 

30  78 

17 

35.37 

3.J 

29.0.' 

49 

21.72 

2 

39  74 

18 

34.98 

34 

23.02 

50 

21.17 

3 

40  01 

19 

34.59 

35 

28  22 

51 

20  01 

4 

40  73 

20 

31.22 

•M 

27.78 

52 

20.05 

5 

40.88 

21 

.a3S4 

•r 

27.34 

53 

19.49 

6 

4t.G9 

22 

3:).40 

3a 

26.91 

51 

18.92 

7 

40.47 

2:1 

.%3.03 

39 

20.47 

55 

18  35 

8 

40.14 

24 

32.70 

40 

26  04 

56 

17.78 

9 

39-72 

2.5 

.32.33 

41 

25.61 

57 

17.20 

10 

39.23 

26 

31.93 

4> 

25.19 

58 

16.03 

11 

.18.64 

27 

31.50 

43 

24.77 

59 

16.04 

12 

38.02 

28 

31.03 

44 

24.35 

CO 

15.45 

13 

.37.4  i 

29 

.3(1 6.) 

45 

2:192 

01 

14.80 

14 

30.79 

30 

30.23 

4G 

21.37 

02 

14.26 

15 

30  17 

31 

29.83 

47 

22.83 

03 

13  06 

o  a 
•2  t-^ 


13.05 
12.43 

ll.Ov 

11.48 
11.01 
11.50 
1(1.00 
9.00 
9.14 
8.09 
8.25 
7.8:1 
7.40 
6.99 
659 
6.21 


o  a 

•a  a  • 

StS 

V 

H" 

-<: 

«.5 

80 

3.85 

81 

5.50 

82 

5  16 

83 

4.87 

84 

4.66 

85 

4.57 

86 

4.21 

87 

3.90 

83 

3(i7 

89 

3.56 

90 

3.73 

91 

3.:32 

92 

3  12 

93 

2.40 

94 

1.93 

95 

1.62 

The  following  Table  shows  the  value  of  an  Annuity  of  One  Dollar  from 
1  to  35  Ye-irs,  at  Five  per  ceijl.  per  annum,  and,  with  the  Table  above, 
will  enable  any  person  to  estimate  the  value  of  a  Widow's  Dower. 


B 

^• 

^"^■" 

.c 

j: 

•S 

.     "^ 

.     "3 

"O 

■0 

« 

2 

£<:! 

s 

ars 
ts. 
dre 

m 

f 

{    ■ 

—  e  z 

a 

« 

=  c  «    i 

tt 

=  =  = 

0  £  3 

^    oux 

>• 

1     ^ 

QUI 

> 
15 

CUB 
10.3796 

22 

13.16-30  ! 

29 

15.1410 

1 

.1523 

6.46.32 

2 

1.8594 

» 

7.1078 

IG 

10.8377 

23 

13.4880  I 

30 

15..3r24 

3 

2.7232 

10 

7.7217 

17 

11.2740 

24 

13.7986 

31 

15.5928 

4 

3.5159 

'   11 

8.30m 

18 

ll.6&'5 

25 

14.0<'39 

32 

15.8026 

-5 

4.3294 

12 

8.80.32 

19 

12.0853 

ao 

14.3751 

3;j 

16.0025 

6 

5.0750 

13 

9.3935 

20 

12.4622 

27 

14.0430 

34 

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RmU.  r^uppo^e  thai  a  widow  70  years  old  has  an  interesi  in  an  estate  yield- 
ing •■  10  annually, — what  is  her  prwent  inieresl,  or  dower)  worth  ?  By  the 
first  tiible  her  expeciation  of  life  is  10  years.  The  second  table  i>how8  ihat  ihe 
value  of  S  t  for  10  years  is  worth  9  7.7217  which  amount  multiplied  by  [x]  10 
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Or.  what  is  the  value  of  a  salary  or  annuity  of  S 100  a  yearforS  years? 
MuTiiply  the  labul^r  number  opposite  5  years  by  ihe^tiven  annuity,  as  follows: 
4.3294  X  100  =  $432.94,— the  value  ol  an  ouiuity  ot  $100  for  5  years. 


BMA 


10* 


114 


MERCHANDISE    READY    RECKONER. 


FBODUCE  AND  MEECHANDXSE  BEADY  EECKONEBS. 


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IRON,    COAL,    AND   MERCHANDISE   READY   RECKONER.  115 

'K  tte  No.  required  is  not  in  the  Tablei,  add  the  amounts  of  two  numbers  together. 


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933     9-8-J 

1031    1 

0-80 

1129!  11791 

1200 

60t 

i     750 

8-01 

857 

911 

9-64 

lfrl8 

1  10-71 

1125I1179|1-232!I2^86 

\:H»i 

7-5^ 

I     8-13 

8-70 

928 

9-87 

10-45 

1103 

11-61 

1219  ll-2^77il3.15:  13-93 

IKKl 

8l; 

8     875 

9-37 

lOOO   1 

062    n-25 

11-87 

l'2-50 

13131 1.375 114^.37 11500 

1500 

8^7f 

>     9-33 

1004 

1071    1 

1-33 '1205 

\2Ti 

13-3S 

14-061 14-73  i  15^40 ;  1607 

ItlOO 

9"ii 

)   1000 

10-71 

11-431  1-2-14  il'.J^86 

13.57 

1  14-28 

15-00;  15-71  !l(}-43' 17-14 

17(K) 

9-80 1  lO-ffl 

11-33 

1-2-14    12-901 13-66 

1442 

'  15- 18    1594  1 16-70 1 17-45   18-21 

ISOO 

1044    11-25 

VZOS 

12-S(i    13-66!  14-46 

15-27 

1007  1  I6SS :  1768  <  WiS   1029 

HXKI 

Il-M    IMJS 

1'272 

13-57   14-42115-27 

10-12 

i  1690   17-Sl  ;  18-66 ;  19-51   20-36 

2(KX) 

irOl    12-50 

1339 

14-28    15-13    16-07 

16-90 

17-80   18-75 1 19-64  •  205:J   21  43 

2100    12191  13-131 

1400 '  15-00  ■  1594  '  1687  '  17-91 

1875   ip-60'20-62  2I-5i   2-250 

116 


IRON,    COAL,    AND    MERCHANDISE   READY   RECKONER. 


If  the  article  cost  $12-50  per  ton,  add  the  amounts  under  $12.  and  50  cents  togelner. 


S  ets 

8  ct$ 

$  Ci.l 

$  cts 

$  cts 

$  ct^ 

$  as 

<  S;  c(.i 

$  cti 

$  cts 

S  cts 

$  cts 

LAi 

2500 

2000 

27-00 

2d-00 

29-00 

30-00 

31-00 

32-00 

33-00 

34-00 

3500 

36-00 

"io 

'•fl 

-12 

-12 

•13 

-13 

-13 

-14 

-14 

•15 

•15 

""To 

"Te 

15 

•17 

-17 

-IB 

•19 

•19 

-20 

•21 

•21 

•22 

•23 

•23 

24 

2(1 

•22 

-23 

94 

•25 

•26 

•27 

•28 

•29 

•29 

•30 

•31 

•32 

25 

•28 

-29 

JO 

•31 

•32 

•33 

•35 

•36 

•37 

•38 

•39 

40 

3(t 

•33 

-35 

36 

•38 

•39 

•40 

•41 

•43 

•44 

•46 

•47 

•48 

40 

•45 

-46 

-43 

•50 

•52 

•54 

•55 

•57 

•59 

•61 

•63 

-64 

5!l 

•56 

•5tj 

•60 

.63 

•65 

•67 

•69 

•71 

•74 

•76 

•78 

•80 

6(1 

•67 

-70 

•72 

•75 

•78 

•80 

•83 

•86 

•88 

•91 

•94 

•96 

70 

•78 

•81 

•91 

•88 

•91 

•94 

-97 

l^OO 

103 

1-06 

109 

M2 

80 

•85) 

•93 

•96 

1-00 

1-04 

107 

1-11 

114 

118 

1-21 

1^25 

]^29 

90 

TOO 

104 

1-08 

1-13 

1-16 

1-21 

1-25 

1-29 

1-33 

1-37 

141 

145 

KK) 

1-12 

1-16 

1-21 

1-25 

1-29 

1-34 

1.38 

143 

1-47 

1-52 

156 

1-61 

2(MI 

2a 

2-32 

2-41 

2-50 

2-59 

2-69 

2-77 

2-86 

2-94 

3-04 

3-12 

3-21 

300 

335 

3-48 

3-02 

3-75 

3-88 

402 

4-15 

4-29 

4-41 

4-55 

4-69 

4-82 

400 

4^6 

4-64 

4-82 

5-00 

5-13 

5-36 

5-54 

5-71 

5-89 

6-07 

6-25 

6-43 

500 

6-58 

5-80 

6-o:J 

6-25 

6-47 

6-70 

6-92 

7-14 

7-37 

7-59 

7-81 

804 

mm 

6  70 

6-96 

7-23 

7-50 

7-77 

8-04 

8-.30 

8-57 

8-84 

9-11 

9-38 

9-64 

:oo 

7-81 

8-12 

8-44 

8-75 

9-06 

9-37 

9-09 

10-(K1 

10-31 

10-62 

10-94 

11  -25 

StKJ'   8-f)3 

9-29 

964 

10-00 

10-36 

10-71 

11-07 

11-43 

11-79 

12-14 

12-50 

12-86 

9(K)|  KKM 

10-45 

10-85 

11 '25 

11-65 

12-05 

12-46 

12-86 

13-26 

13-(K) 

14-(K5 

14-46 

10(M) 

1M0 

11-61 

1205 

12-50 

12-95 

13-39 

13-94 

14-29 

14-73 

15-18 

15-63 

16-07 

IKMI 

l^2-i8 

1-2-77 

13-26 

13-75 

14-24 

14-73 

1.5-22 

15-71 

16-21 

16-70 

1719 

17-68 

\mi 

13-30 

13-93 

14-46 

15-(K) 

15-.54 

16-07 

16-61 

17-14 

17-69 

18-21 

18  75 

19-29 

1:^00 

U-5t 

15-09 

15-67 

16-25 

16-83 

17-41 

17-99 

18-57 

19-15 

19-73 

2  1-31 

20  89 

I4IKI 

16-02 

16-25 

16-87 

17-50 

18-12 

18-75 

19.37 

•20-00 

20-62 

21-25 

21-88 

22-.50 

I5'K) 

I(.-74 

17-41 

18-09 

18-75 

19-42 

20-09 

20-76 

21-4;) 

2-2-10 

•22-77 

•23  44 

24-11 

HW) 

17-86 

lS-57 

19-23 

20-00 

20-71 

2143 

22-14 

2'2-86 

23-57 

24-28 

25  00 

2-5-71 

I7(KI 

18  97 

19-73 

20-19 

21-25 

2-2-00 

2-2-77 

23-53 

24-23 

25-(>4 

25-80 

26-56 

27  32 

1-(I0 

•2(1  •») 

20-89 

21-70 

22-50 

23-30   24-11 

24-91 

25-71 

26-52  27 -.32 

23-13 

28-93 

190!l 

21-20 

2-2-05 

22-90 

23-75 

24-60 

25-44 

26-29 

27-14 

27-99   28-84 

29  69 

30-53 

20(M) 

•2232 

2V21 

24-10 

2.5-00 

25-«9 

26-78   27-67 

28-57 

29-46  30.36 

31-25 

.32  14 

2100 

-23-44 

24-37 

25-31 

26-25 

27-19   2^-12   29-06   30-00   30-93   31-87 

32-91  ^^1-75| 

9  ct$ 

S  cts 

$  Cti 

S  cts 

S  ets 

$  cts 

»  cts 

$  cts  1  $  cts 

$  cts  $  cts 

$  cts 

Lbs. 

3700 

38-  0 

39-00 

40-00 

41-00 

4200 

43-IX) 

44-00 

45-')0 

5000 

55  00 

60-00 

10 

"   -17 

~T7 

-17 

•18 

•18 

•19 

-19 

-20 

•20 

•22 

•25 

-27 

15 

•25 

-25 

-26 

•27 

•27 

•28 

-29 

•29 

•30 

•33 

•37 

40 

20 

-33 

•34 

-35 

•36 

•37 

•38 

•38 

•39 

•40 

-45 

•49 

•54 

25 

-41 

•42 

-41 

•45 

•46 

•47 

•48 

•19 

•50 

•56 

•61 

•67 

30 

•50 

•51 

•52 

•54 

-55 

•56 

•57 

•59 

-60 

•67 

74 

•80 

40 

-66 

•68 

•70 

•71 

•73 

•75 

•77 

•79 

-80 

•89 

•98 

107 

50 

-83 

•85 

■87 

•89 

-92 

•94 

•96 

•98 

1-00 

1-12 

1-23 

134 

60 

-99 

1-02 

104 

107 

1-10 

1  13 

1-15 

1-18 

1-20 

134 

1-47 

1^61 

70 

1  16 

1-19 

121 

1-25 

1-28 

1-31 

1-34 

1-37 

1-41 

1.56 

1  72 

187 

80 

1-32 

1-36 

139 

143 

1-46 

1-50 

154 

1-57 

161 

1-79 

1-96 

2  14 

90 

1-49 

1-5.3 

1-57 

1-61 

1-65 

1-69 

173 

1-77 

1-81 

2-01 

2-21 

'2-41 

100 

1-65 

1-70 

1-74 

1-79 

1-83 

1-88 

1-92 

1-96 

2-01 

2-23 

2-46 

2-68 

2(K) 

3  30 

3  39 

348 

3-57 

3-66 

3-75 

3-81 

393 

4-02 

4-46 

491 

5-36 

300 

4-96 

5-09 

5-22 

6-36 

5-49 

5-63 

5  76 

5-89 

6-03 

6-70 

7-37 

8-04 

KM) 

6-61 

679 

6-96 

7-14 

7.32 

7-50 

7-68 

7-86 

804 

8-93 

9-82 

10-71 

500 

8-26 

8-48 

8-71 

8-93 

9-15 

9-38 

9-60 

9-82 

10-04 

11-16 

1228 

13-39 

600 

9-91 

10-18 

10-45 

10-71 

10-98 

11-25 

11-52 

11-79 

12-05 

13.39 

1473 

16-07 

7{K) 

11-56 

11-87 

12-19 

12-50 

12-81 

13-13 

13-44 

13-75 

1406 

15-62 

17-19 

18-75 

600 

13-21 

13-57 

13-93 

14-29 

14-64 

1500 

15-36 

15-71 

16  07 

17-86 

19  64 

21-43 

900 

14-87 

15  27 

15-67 

16-07 

16-47 

16-88 

17-28 

17-68 

18-08 

20-09 

2-2- 10 

24-11 

1000 

16  52 

16-96 

17-41 

17-86 

18.30 

18  75, 

19  20 

19-64 

20  09 

22  32 

24-55 

26-79 

1100 

18-17 

18-66 

19^15 

19-64 

20-13 

20  63 

21-12 

21-61 

•22-10 

24  55 

27-01 

29  46 

1200 

19-82 

20-36 

20-89 

21-43; 

21-96 

2-2-501 

2:5-04 

23  57 

24-11 

26-79 

2946 

32  14 

13(K) 

21-47 

•22  05 

22-63 

'ZVil 

23-79 

24.38  1 

24.95 

25-53 

26-12 

29-02 

31  92 

31  «2 

14(XI 

•23^I2 

2375 

24-37 

2.';-(K) 

2.>-62 

26  25 1 

26  87 

27-50 

28  12 

31-2.5 

34-37 

37.50 

1500 

•24  78 

25-45 

26-121 

26-79   27-45  1 

25-13 

28-79 

29-46 

.30-13 

13-48 

36  83 

40-18 

I6(K) 

2(>43 

27  14 

27-86 

28-57   29-28 

30-00 

30-71 

31-43 

32-14 

3571 

39-28 

4'2-86 

I7(KI 

2S^08 

23  84 

20-60  1 

.30-36  31-121 

31-88 

32-63 

33-39  1 

34-15 

37  95 

41-74 

4553 

18(K) 

2*)-73 

30-54 

31-31 ; 

32-14   3-2-95  1 

.33-75 

34.55  i 

35.36  i 

36-16 

40-181 

44  20 

48-21 

1900 

31-38 

32-23  i 

33-081 

33-93  31-781 

as  63  1 

.36-47 

37-32  j 

3S  17 

42-41 1 

46-65 

50-99 

mm 

33-tt3 

33-9:)  1 

31-82; 

35-71   36  01  1 

37-501 

38-39 

39-28 

40- 18 

44-64   49-11  1 

53-57 

91(H> 

34-68  1 

35-63   36-56 '37-50   3S-44  1 

.39  38i 

40-31 

41-25   42-191 

46-37  51561 

56-25 

READY   RECKONER,    BY   THE   PIECE,    BUSHEL,    &0. 


117 


READY    RECKONFR,   l<>  find  the  Price  of  nny   Numlier  of  Pounds,  Yard*, 

Pieces,  or  Bushels,  from  2  cents  to  j|!3-00. 

The  first  cnliimii  coiittins  the  NUMBER,  the  top  columns  the  PRICES. 


Nos'2ct.3ct  ict.Sct.Hct. 


■  4 
•  C 

•:o! 

•121 

•'4l 

•161 

•1S| 

•m 
•i-i 

•24, 
•261 

-M 

•an 

•32 
■34 1 
•.30! 
•38' 
•40 
•42 
•44 
•4G 
•48 
•50 
•6<l 
•»! 
I.IKI 
l-2() 
I4II 
l-(Ul 


•  C  •  8 

•  91  -la 

•12;  -1(5 

•15!  -20 

•18:  •24 

■21  -23 

•24  i  -32 

•271  -36 

•30  ^40 

•331  -44 

•36  ^48 

•39J  -52 

•42   an 

•45    -Oi 

•48'  -64 
•51  •68 
•54  -72 
•571  •TO 
•60;  •80 
•631  ^84 

•66'  •es 

m  -92 

•72    -06 

•75  I -00 

•90  I  20 

1-20  ••fiO 

I  50  200 

I -80  240 

2- r  0  280 

•240.3'iO 

2-70  3l\0 

3^IKI  4^0(l 


105  1-26 
!•. 01-32 
115|l-38 
1-2()|l-44 
1-25  I  ^50 
150l^80 
200240 
2-5<l3(K) 
30<KK)0 
3-50J4-2fl 
4 -IK)  4  80 
4-50  5^40 
5(M160O 


6}ct, 

■I 

2o 

•3U 

•37| 

•433 

•51 

•56i 

•62i 

•6«j 

•75 

•8U 

•87f 

■m 
vm 
)•«)} 

'■'•4 

1-I8| 
I  25 
13li 
13 


'ct.Sct.  Oct 
1i 


•77 
•84 
•91 
•98 
I  05 
112 
119 
126 
133 
140 
147 
11-54 


I433  16I 
1^5(i  \\-Q8 

1^874  2I0 


2-50 
31  "4 
375 
4 -374 
5^(H) 
5-6-2.1 
6-25 


280 
3-50 
4  20 
4^00 
5-60 
630 
7^00 


•18 
•27 
•36 
•45 
•54 
•63 
•72 
•81 
•90 
•83  i  •09 
•96  108 
1^04  1>7 
112  126 

r2o  135 

r28  144 
136  I  53 
1-44  162 
152  I  7 1 
I  60  J  80 
11-68  189 
!176  198 
^84  2-07 
1 1  92  2- 16 
200  225 
240  270 
320  3-60 
[400  450 
4-80  5-40 
I5-60  6^30 
6-40  7-20 
i7-<>0  8-10 
8  00  9.00 


10  rt. 

11  ct. 

•20 

•22 

•30 

•33 

•40 

•44 

•50 

■55 

-60 

•66 

-70 

•77 

•80 

•88 

•90 

•99 

roo 

1-10 

MO 

1-21 

120 

132 

1-30 

1'43 

1-40 

1-54 

150 

165 

160 

176 

170 

1-87 

ISO 

1-98 

1-90 

2-09 

2-00 

2-20 

210 

2-31 

2-20 

2-42 

230 

2-53 

240    2(>4| 

250 

2-75 

300 

3-3(1 

4-00 

440 

500  1  5-50 

6-;.0    600 

700  1  770 

8-001  8-80 

9-00'  9-90 

lO^OO 

lI^(H)i 

•ici. 

r^^ci. 

liiCl. 

•24 

-25 

•28 

•36 

•37^ 

•39 

•48 

•50 

-52 

60 

•62i 

-65 

•72 

-75 

-78 

•84 

•87i 

-91 

•90|   100 

1-04 

1-08J   11-4 

1-17 

120!   125 

1-30 

132 

l-37i 

143 

144 

150 

156 

156 

162i 

169 

1-68 

1-75 

1-82 

180 

r87i 

l-9.'j 

1-92 

2-(K) 

2  03 

2  01i  2- 12* 

2-21 

2  10    225 

2-34 

2-28    2-37i 

247 

2  40    2-50 

2.60 

25-2    2-G^2i 

2-73 

2  04    2-75 

2-86 

2-76    2-87i 

2-99 

2-.-8    3-00 

312 

3^(M)    3-12J 

3-25 

3  60    375 

3->iO 

4  80    500 

5-20 

6  00    6-25 

650 

7  20    7-50 

7-SO 

8-40    8-75 

9^10 

9-(>0  10-00 

104() 

10-80  11-25    11  70 

I'2-OO  12-50 

13-(10 

14rt. 

~^8 
-42 
•56 
•70 
•84 
•98 
•12 
1^26 
140 
154 
1-68 
1^82 
196 
210 
224 
2-38 
2-52 
266 
2^80 
294 
308 
322 
3. .36 
350 
4-20 
5-60 
700 
8^40 
9^80 
11  20 
1260 
I4^00 


I5fi   16c<.  17«.  13c».il8J  cMOcr.  20 ct.  21 


et. 

22  ct. 

23  c/ 

24  c<. 

•42 

•44 

•46 

•48 

•63. 

•66 

-69 

•72 

•84' 

•ss 

-92 

•96 

•05 

1-10 

115 

I  •20 

•26 

132 

138 

144 

-47 

154 

1-61 

ro8 

•(i8 

176 

184 

192 

•89 

198 

207 

2  16 

-10 

220 

230 

240 

-31 

242 

2-5:1 

204 

-52 

264 

2-76 

2^88 

•7:i 

2-86 

2-9!) 

312 

•!« 

3^08 

3-.:'2 

:i.3(i 

•15 

330 

345 

3-60 

36 

3-52 

3^08 

3-84 

57 

374 

3-91 

4  •03 

78 

396 

414 

432 

99 

418 

4  37 

AM 

20 

440 

4-6(1 

480 

41 

4  02 

4-8:< 

5-04 

62 

4-84 

5^(X) 

5-28 

83 

500 

52!) 

55^2' 

•04 

5  28 

552 

576 

•25 

550 

575 

0(10 

25  c/.  2()c(.|27c<. 


30  «fi1  R 
40  e.80'  9. 
5O1100I1- 
GO  1320  13- 
7(1 15-40  16- 
■80  17-60  le- 
90  19-80  20 
-(H)  22-(K)  23 


POl  7.'>n 
.20  9.60 
•50  12(10 
■80  14-40 
•10  1680 
■40  1920 
70  2 1  60 
(K)  -24 -00 


•50 

•75 
I  (10 
125 
1^5(l 
1 

2-(Hi 
2-25 
2-5(- 
27.') 
3  00 
3-25 
3-50 
3-75 
400 
425 
4^50i 
4T5I  4^ 
StKlj  5^ 
5-25!  5^ 
550I  5 
575    5- 
0-(K)!  6- 
6-25|  6- 
7^50    7- 

looolio 

12-50  13 
15(Kt  15- 
I7.>0  1« 
20^()0,2(>' 
22-.'5<l'->:? 
25-00  '26' 


-52 


•54 
81 
1-08 
I  •.35 
561  1-62 
S2!  1-89 
03!  2-10 
.34 1  2^43 
(iOi  2^70 


2-97 
324 
3-51 
378 
4^05 
4.32 
42!  4  59 
6Si  4^86 
04  5- 13 
•20  540 
46  5  67 
72  5-94 
93  0-21 
24  648 
50  675 
80  810 
40  10-80 
00  13  50 
60  16-20 
•20  1890 
SO  21  -60 
40  24-30 
(K)  2700 


118 


READY   RECKONER,    BY  THE   PIECE,    BUSITEL,   &C. 


The  first  column  on  the  left  contain*  the  NUMBER  of  the  Article,  and  the  colamn 
on  the  tops  of  the  Tables,  the  PRICE. 


i«c«. 

iOrt 

•5« 

-58 

•84- 

•87 

M'2 

lie 

1  40 

1-45 

1-68 

1-74 

l-Ofi 

2-03 

9-24 

2-32 

2-52 

2-()l 

2-80 

2-90 

3-03 

3- 19 

n:j« 

3-48 

:vr»4 

3-77 

3<)2 

400 

4-20 

4-35 

4-48, 

404 

4-70, 

4-9;j 

504 

5-22 

5:«: 

5-51 

500 

6-80 

5-88 

GO!) 

(ilO 

6  38 

0-44 

6  07 

tV72 

6-SW 

7-00 

7-25 

8-40 

8-70 

11-20  II  00 1 

14-00  14  50 

16-80  17-40 

l!)-60  20-30 

22-40  23-20 

25  20  20- 10 

.'8-00  29-00 

.00 
•90 
1-20 
1-50 


33  c« 


35  cJ  36  c/. 


-62 
•93 
1-24 
r55 


1-80  186 

210  2-17 

2-40  2-48 

2-70  279 

3-001  310 

3-30|  3-41 

3-GO  3-72 

3-90,  4  03 

4-20i  4  34 

4  50  4-65 

4-80!  4-96 

510j  5-27 

5-40  5-58 

5-70  589 


6-00 
6-30 
6-'>0 
C-90 
7-20 
7-50 
9-00 
1200 
1500 
18-00 
21-00 
-24-00 


6-20 
6-51 
6-82 
713 
744 
7^75 
9-30 
1240 
15-50 
18-60 
21-70 
24  RO 


27-00:27-90 
30-00!31  00 


•62i 

-64 

•933 

•9fi 

125 

1-28 

1-561 
187| 

1-60 

1-92 

2- 18  J 

2-24 

2-50 

2-56 

2-81i 
3-12| 

2-88 

320 

3-433 

3-52 

3-75 

3-84 

4-06} 
4-37| 

4  16 

4-48 

4-683 

4-80 

5-00 

612 

5-3U 

5-44 

5-62.J 

5-76 

5-933 

6-03 

6-25 

6-40 

6-56 
6-87 
7-18 

6-72 

704 

7-3(5 

7-.50 

7-68 

7-811 
9-374 

8-00 

9-60 

Vi-^O 

12-80 

15-624 

10-00 

18-75 

19-20 

21-874  22-40 
•2500  25-80 
•23-1-2428-80 
3 1 -'25   32-00 


37  ct.  3' 

•74 
111 
1-48 
1-35 
2-22 
259 
2-96 
333 
370 
4-07 
4.44 

4-81 

518 

5-55 

592 

6-29 

6-66 

703 

7-40 

7 

814 

8-51 

8-88 

925 
1110 
14 -SO 
18-50 
22-20 
25  90 
29'00 
:W-.30 


75 
1124 
1-50 

1-874 

2-23 

2-624 

300 

3-374 

3-75 

4124 

4-50 

4-874 

5-25 

5-624 

6-00 

6-374 

6-75 

7-124 

7-50 

7^87j 

625 

8-624 

900 

9-.374 

11-25 

15(H) 

18^75 

22.50 

26-25 

30-(iO 

a3-75 

'37-()0  37-50 


Nos  38  ct.  39  ct. 


Wet. 


41c«.|42c<.  43c«.  44cM45  ct.  46  ct.  i"!  ct.  48 ct.  49  ct.  5t> ct.  01  ct. 


■76'  -78 

114'  117 

I  52  1-56 

190  1-95 

2-28!  234 

2-66;  2-73 

3-(»l!  312 

3-42  351 


3^80 
418 
45S 
494 
532 
570 
6  08 
6-46 
6-84 
7-22 
760 
7^98 
836 
8-74 
912 
9-50 
11  40 
15-20 
19-00 
22^S0 


390 
4-29 
468 
5-07 
5-40 
5-85 
6-24 
6-63 
7  02 
741 
780 
819 
8-58 
8-97 

g.Ti 
975 
11  70 

1560 
19-50 
•23-40 


26-60,27-30 
30-40|3l"20 
3420;3.510 
3800l39-(») 


•SO 
1-20 
1-tiO 
2-()i 
2-40 
2-80 
3-20 
3-60 
4-00 
4-40 
4-80 
5-20 
5-60 
6-00 
6-40 
6-80 
7-20 
7-60 
S-llO 
8^40 
8-80 
9->0 
9-60 
10-00 
1200 
16-00 
20  00 
•21-00 
•2800 
32  00 
3600 

moo 


■821 

■2:}! 

64 

05 

46 

87 

28 

69| 

10 

51 

92: 

331 

74   5' 

1.5   6' 

56   6 

97   7' 

.38   7' 

79  7 
20|  8' 
61 

0^2'  9 
43|  9 
84  10 
25  10 
301-2 
40  16 
50  21 
60-2.5 
7029' 

80  a3- 

90  37 
on  42- 


-30; 
72 

44 
56| 

•98,  8 
40 

-82  9 
'24  9 
.00  9 
08  10' 
50  10 
60  12 
80  17' 
00  21' 
20  25 
40  30- 
6(1  34- 
80  38- 
00  43- 


86 
29 
72 
15 

58 

01 

44 

'87 

30 

•7f 

-10 

-59 

-02 

-45 

•88 

-31 

-74 

-17 

60 

-03 

46 

■89 

32 

75;  II 

90;i3 

•20' 17 

.'50i2-2 

801-26 

I0|,30- 

40a') 

7039' 

00'44- 


10 
10 
11 
13 

18' 
22 
40i-27' 
■so|31- 
2().-J6- 
60l4<i- 
00145- 


-92  -94i     -96     -98    1 

1-.38;  1-411  1-44|  1-47    1 

1-84!  1-88    1-92    1-96   2 

2-30  2.35   2 40 

2-76  S-S2   2-S8 

3-22  3-29;  3-36 


3-08  3  76 

4-14  4-23 

4-60  4-70 

5-06  5-17 

5-52  5-64 

5-9S  6-11 

6-44  6-58 

6-90  705 

7  36  7-52 

7-82  7-99 

8-28  8-46 

8-74i  8-93 

9-20  9-40 


3-84 
4-32 
4-80 
5'>8 


2-45 
2-94 

3-43  3 

3-92!  4 

4-41  4 

4-90;  5 

5-39  5 

5-68'  6 


5-7t> 

6-24!  6-.37|  6 
6-72  6-86'  7 
7-21)  7-.35  7 
7-68  7-84;  8 
8- 16'  8-a3i  8' 
8-64  j  8-82  9 
9-12;  9-31 i  9 
0-60  9-80  10- 
9-66'  9-87  10-08  10-29  10- 
10-12  10-34  10-56  10-7811 
10-58  10-81  11-04  11-27  11- 
11-04  11-2811-52  11-76  1'2- 
11-5011-75  l'2-OO  l'2-25  12- 
13-8014-10  14-40  14-70  15 
18-40  18-80  19-20  19  60  2(1 
50:23(H);'23-5(l  24-(K)  24-50  25- 
00,27-60  •28-'20  28-80  '29-40 .30 
•3'2-ilO  33-60  .34  •30  35- 
3760  38-40  39-'2()  40- 
4'2-30  43-20  44-10  45 
47-00  4800  49-00  50 


■50J32-20 
00.3G-8() 
30  41-40 
00146-00 


-00;  1-02 
.50;  1-53 
()0  204 
50  2-55 
ml  3-fK5 
-50!  3-57 
(lOi  4()8 
501  4^59 
00  5- 10 
•50i  561 
•OOJ  0-12 
50'  6-63 
-00  7-14 
.50  7-65 
(K);  8-16 
50  8-6 
■W  9-18 
■50  9-69 
•00il0-'2(i 
•50,10-71 
(10  11 -'22 
50  11  73 
00  1'2-21 
50  12-75 
00  15-30 
(K) '20-40 
00  -25-50 
00 .30-6(: 

(10 .35-70 

00  40-80 
00  45-90 
0(151-00 


'■*# 


READY   RECKONER,    BY   THE    TIECE,    BUSHEL,    kC. 


119 


The  firsil  column  on  the  lefl  ontniiis  ihe  NUMUEK  of  ihe  Article,  and  tlie  column 
<>ti  the  tops  of  the  Tallies,  the  PRICE. 


JNvs  52  ct. 

53 ft., 54  rt.  5oa. 

56  ct. 

57  «.  ,53  CI.  59  c«.  ,()Ocl.| 

01  ct 

62rl.  62ict.i63et. 

~2 

l'(M 

1-1  c 

108 

110 

1-12 

Tm 

110 

118 

1-20 

T22 

1-24.   1-25  1  1-26 

3 

1-56 

1-59 

102 

1  65 

1-68 

1-71 

1-74 

1-77 

1-80 

1-83 

1-86    1-871    1-89 

4 

2(>8 

2-12 

2  10 

2  20 

2  24 

2-23 

2--32 

2-36 

2-40 

2-44 

2-48!  2-60     2-52 

5 

2  GO 

2-65 

2  70 

2  75 

2  6H 

2-85 

2-JK) 

2-fi5 

3-00 

305 

3-10    3-l2j!  3-15 

« 

3- 12 

318 

3  24 

3-30 

3-36 

3-42 

3-48 

3-54 

3-60 

3-66 

3-72   3-75  1  3-7S 

7 

3(i4 

3-71 

3  78 

3-85 

3  92 

3-90 

4-06 

4-13 

4-20 

4-a7 

434i  4-37i   4-41 

b 

4  16 

4-24 

4  32 

4-40 

4-48 

4-50 

4-64 

4-72 

4-80 

4-S8 

4-96'  5-0O 

5-04 

9 

4(>8 

4-77 

4  86 

4  95 

5  04 

5-13 

5-22 

5-31 

5-40 

5-49 

5  68.  5-62J 

5-07 

10 

5-20 

5-30 

5  40 

550 

560 

6-70 

5-80 

5-90 

6-00 

610 

6  20   0-25 

6-30 

II 

5-72 

5-83 

594 

605 

0-16 

6-27 

6-38 

6-49 

6-60 

6-71 

6  82   6-87J 

603 

Vi 

6-24 

6-36 

048 

660 

0-72 

6-84 

0-06 

7-08 

7-20 

7-32 

7-44   7-50 

7-56 

13 

676 

li-89 

7-02 

7  15 

7-28 

7-41 

7-54 

7-07 

7-80 

7-<):i 

Sl^    8-I2J 

8-10 

14 

7-2^ 

7-42 

756 

770 

7-84 

7-98 

8  12 

8-26 

8-40 

8-54 

808   8-75 

8-82 

15 

7fO 

7-95 

8- 10 

8  25 

8-40 

8-55 

8-70 

8-85 

0-00 

9-15 

9  30   9-37J 

9-45 

Hi 

8-32 

8  48 

864 

8-80 

8-i'O 

9-12 

9-28 

9-44 

0-60 

0-76 

9-92  10(10  J1008 

17 

8-84 

9-01 

9  18 

9-35 

9-52 

9-60 

9-86 

10-03 

10-20 

10-37 

10-54  ]0-62i  10-71 

18 

0-36 

9-54 

9  72 

9-90 

10  08 

10-26 

10-44  10-62 

10-80 

10-08 

11  16  11-25  ,11-34 

10 

9-88 

10-07 

10-26 

1045 

1064 

10-83 

lite  11-21 

11-40 

11-50 

1178  11-S71;]l-97 

20 

1(1-40 

10-60 

1060 

11  00 

11  20 

11-40 

11-nO  11-80   1200 

12-20 

12  40  12-.-)0  112-60 

21 

lO'ja 

1113 

li:}4 

1155 

11  70 

11  07 

12-18  12-39  12-60 

12-81 

1,3-02  13- 121  13'-2^ 

22 

1144 

11-66 

1188 

12-10 

12  32 

12-.54 

12-76  I2-9S  13-20 

1:5-42 

13-04  13-75  ,13.86 

23 

1106 

12  19 

12  42 

12-65 

12  8-8 

13- 1 1 

13-34  13-5-  13-80 

14-03 

14  26  I4-:171  14-49 

24 

12-48 

12-72 

12  90 

1.3-20 

13  44 

13-68 

13-S)2  14  10  M'JO 

14-64 

14-88  15-(K)  ;15-12 

25 

13-IHl 

13-25 

13-50 

13  75 

14  (10 

14-25 

14-50  14  75  J500 

15-25 

15-50  15-021;15-75 

30 

15-60 

15-<i0 

16-20 

16  50 

16-80 

17-10 1 

17-40  17  70  1800 

l^-30 

18-60  18-75    1800 

40 

20-80  2)  2<t 

21-00 

22  00 

22  40 

22-80 ! 

ii  20  23-00  12400 

24-40 

04-80  25(10  '25-20 

SO 

26(10  26-5'i 

27  00  27  50 

28-(M) 

28  50 

29-00  20  50  130-00 

30.50 

310031-25   31-50 

60 

31  20  31  80 

32-40  33  ()0 

33 'iO 

34-20, 

34  80  35  <40  136-00 

:?6-ao 

.37-20.37-50   37-80 

70 

36  40  37-10 

37-80  38-50 

30-20 

39-90  40-(i0  41.30  14200 

42-70 

43-40  43  75   4410 

eo 

41  60  4240 

43-20  44-00 

44-80 

45-60  ,46-40  4720  14800 

48-80 

40  0<i5fl-(;0    50-40 

00 

46  80  47-70  ;4^  00  40  50 

50  40 : 

51-3"  52-20  53-10  54  00 

54-00 

55-80  50-25    56-70 

1(>0 

52-OM 

53()0  54  00  55  00  56  (K)  57-00  58-00  50-n()  In0-(KI 

61  00 

62-00  02-50    63-00 

l\oS 

(Art. 

()5«. 

met.  («)Jft.:67c<.  Cbct. 

OOct.  70c«.  |71c«. 

72  ct.  -3  ct. 

74  ct  ,75  ct- 

~2 

T28 

T30 

T32 

1-:W1    1-34 

1-30 

TSs 

1-40 

1-42 

1-44 

1-40 

T48    1-50 

o 

1-02 

1-05 

1-08 

2-  0     201 

2-04 

207 

2-10 

213 

2-16 

210 

2-22,  2-25 

4 

2-flO 

2-60 

2-64 

2-66i   2-68 

2-72 

2-76 

2-80 

2-84 

2-88 

2-!'2 

2-0«|  300 

5 

3-2" 

3-25 

3-30 

3-:j3 

1  3-35 

3-40 

3-45 

3-50 

3-55 

3-60 

3-65 

3-70l  3-75 

6 

3-S4 

3-90 

3-90 

4-00 

4-02 

4-08 

4-14 

4-20 

4-26 

4.32 

4-38 

4-44I  4-50 

7 

4-48 

4-55 

4  62 

4-60 

1    4-69 
5-30 

4-76 

4-83 

4-00 

4-07 

5-04 

511 

5-181  5-25 

P 

5-12 

5-20 

528 

5-33 

5-44 

552 

1  500 

5-o8 

5-76 

5-84 

S-'i^   600 

0 

5  76 

5-85 

5-94 

6-00 

0-03 

612 

6-21 

6-30 

6-39 

6-48 

0-57 

6-66,  6-75 

10 

6-40 

0-50 

6-60 

6-66 

J   6-70 
7-37 

6-80 

6-ro 

7-00 

710 

7-20 

7-30 

7-40,  7-50 

11 

7(14 

715 

7-26 

7-33 

7-48 

7-59 

7-70 

7-81 

7-r2 

8-03 

8-14!  8-25 

12 

7-69 

7-80 

7-92 

8-no    8-04 

816 

8-28 

8-40 

8-52 

8-64 

8-70 

8-88   9  00 

13 

8-32 

6-45 

8-58 

8-66|   871 
0-33i    0-38 

6  84 

8-97 

1  9-10 

9-23 

936 

i  0-40 

9-62   0-75 

14 

806 

O-IO 

924 

0-52 

0-66 

'  9-80 

9-04 

10-08  10-22 

10-:}fi  10-50 

IS 

9-60 

0-75 

0-«lfl 

lO-CO  110-05 

10-20 

l(l-.35  10-50 

10-05 

10-,'<0  l(H'5ill-10  11-2.'> 

16 

l(»-24 

l(HOil0-5C|Hl-O0f  10-72 
11-05  11-22  |1 1-33}  11-39 

10-88 

11-04  11-20 

11-36 

11-52  ll-(«il  1-84  1200 

17 

10-88 

11 -.56 

11-73  11 -00 11207 

12-24  19--41  i|-.'-5«  12-75 

18 

11 -.'.2 

11-70  ll-8Sil2-1iC    1206 

12-24 

12-42  1200112-78 

12-P6  13-14  13-32  13-50 

10 

12-16 

12-35  12-54  12-6  1  1273 
13-cO  113-20 113-3:1113-40 

12-92 

13-11   1.3-30;  13-40 

l''-68  1.3-87  14-06  14-25 

20 

l-.'-80 

13-00 

13-«0  M0fl|]4-20 

li-,0  14-00  14-8(115-00 

21 

13-44 

13-(;5, 13-86  114-00    14-07 

M-28 

14-49  14-70  [1401 

15-12  1.5-•^3  15.54  1V75 

22 

14-18 

14-30  14-52 

14-(>6»H74 
15-331  IS-ll 

14-96 

15-18  15-40  15-62 

15-H4   16-06  16-28  16-50 

2:t 

14-72 

14-05;15-I8 

15-61 

15-87  1610  16-33  16-56  16-79  ,l7-(>2  17-25 

24 

15-36 

15-60115-84 

16-<'0    16-08 

16-32 

16-56  16-80  17-04  17-28  17-52   i7-70  18-00 

25 

16(^1 

10-25116-50  16-66I  1C.-75 

17-00 

17-25  17-50:l7-75   1800  18-25  18-50  18-75 

30 

in-20 

in-50;  19-80  20-00   20-10 

2(1-40 

20-70  21-00  21-30  21-60  21-ro  2220 22-.M) 

40 

U'5-60 

2(i-00  !?6-40  26-66^  2(i-80 

27-20  27-60  28-00  28-40  28-80  20-20  20-00  30-00 

50 

3-.'-(0 

32-50  33(X)  33-33}  a3-50 

34-00  34-50  3.V0O  .35-50  30-00  30-50  37-(;fl  .37-50 

CO 

'8-40 

3<>-(»0  30-(  0  40-f)0    40'20 

40-80  41-40  42-00  42-tU)  43-20  43-SO  44-40  4.';-00 

70 

14  80 

45-50  46-20  46-66?  4600 

47-60  48-30  4000  4  -70  .50-40  5110  51-'0  52  50 

f-O 

il'JO 

5-J-(K)  5-J-80  53-33J  5:160 

54-40  .M-2tl  .56-00  56-.«0  57-60  58-40  50-2    60-00 

no 

•57-60 

58-50  50-40  60-00   60-30 

61-20  6210  6-3-00 .6300  6480  «.5-70  60-60(17-50 

KKI 

liAcn 

65-00  06-00  66-66?  67-00  6800  6000  70-0017100  7200  /3-00  71-00  75-00  j 

120 


READY   RECKONER,    BY   THE   PIECE,    BUSHEL,    &C. 


If  the  Niimhpr  required  is  noi  fnund  in  the  Tables,  add  iwo  Niimliers  loeelher;  for 
insliiiice,  if  3o  l>usheU  are  required,  ndd  the  prices  opposile  30  aii(l5  ingelher; 
and  ill  lor  :}()5  l)u<lieU — trel)le  liie  value  of  100.  and  add  CO  and  5  Uigeilier. 


lfo>r^  ct.  90  ct.  «I  ct.  »i a.  93  et.  94  et.  05  ct.  96  ct. 


97  ct.  98  ct.  ,99  ct.    $1 


S2.  I  «3. 


l-7rf 
•2-67 
3-58 
4-45 
5-34 

7-12 
801 
8-90 
9-79 
I0f.« 
1 1  •57 
1-2-40 
13-35 
14->4 
15-13 
16-0-2 
10-91 
17-80 
18-(59 
19-5S 
20-47 
2|-3« 
2-2i3 
2(i-70 
3.-.-50 
44-.50 
53-40 
8'2-30 
1-20 
SO- 10 
SO-OO 


1-SO 

2-7(1 

3-GO 

4-50 

5-40 

fi-30 

7-20 

8-10 

9-(K) 

990 
10-80 
11-70 
12-00 
13-511 
14-40 
15-30 
10-20 
17-10 
lS-00 
H-90|19 
19-80  20 
20-70!'20 
21-60121 
•22  50  22 
•27^0fl:-27 

300()3r) 

45-(Kl  45 
5MH)54' 
6-10(l  {•.3' 
72-(M)  72 
SP00S1 

on^oo  91 


1-84  1 
2-70  2 
3-68  3 
4-00  4 
5-52  5 
6-44  6 
7-36  7 
8-23  8' 
9-20  9 
10-12  10 

92  11-0411 
H3  ll-iO  12 

74  12^as  13 
(>5  13-80  13' 
5!)  14-72  14 
47|]5-64  15 
:»  16  50  16 
29!  17-48  17 
20  18-40  18 
U!  19-3-2  19 
02  20-24  20' 

93  21-I0  21' 
84  2-2-08  2-2- 

75  2300 23 
30  27  60  27 
4  I  3690  37 
50  40^00  40 
00  5.520 5.5 
70  64^40  65' 
8017300  74 
90  '2-80  83 


1^88 
282 
3-70 
4-70 
5-64 
6.5S 
752 
840 
940 
1034 
10ill^23 

09  1222 
02  13-16 
95  14-10 
88:15-04 
81 '15-98 
74  lii-fi2 
67  17-PO 
60  18-80 
.53  19-74 
46  20-68 

39  21-62 
32  22-56 
2.5  23-50 
90  28-20 
-.'0  37-60 
50  47-00 
80  56-40 

10  0.5-S0 

40  75-20 
70  84-00 
00  9400 


2-85 
3-SO 
4-75 
5-70 


1-92 
2-68 
"3-S4 
4-f-O 
5-76 
6-651  6-72 
7-60  7-68 
S-.55,  8-64 
9-50  9-60 
10-45  10-50 
11-40  11-52 
12-35  12-43 
13-30  13-44 
14-25  14-40 
15-20  15-30 
10-15  10-32 
17.10  17-28 
1805  l?-24 
19-00  19-20 
19-9.5  2010 
20-90  2112 
21-85  2208 
22-80  23-(M 
23-75  2400 
23-50  28-80 
3800.38-10 
47-50  48-(IO 
57-00  57-60 
06-50  67-20 
700O  76-80 
85-50  86- 40 
9500  96-00 


1-94    1-96 

2-91    2-94 

3-88   3-92 

4-85   4-90 

5-82   6-88 

6-79   6-86 

7-76.  7-84 

8-73    8-82 

9-70   9-80 

10-67  10-78 

11-64  11-76 

12-61  12-74 

13-53  13-72 

14-55  14-70 

15-52  15-03 

16-49  10-66 

17-46  17-64 

18-43  18-62 

19-40  19-60 

20-37  20-53 

21-34  21-56 

2-2-31  22-54 

23-28  2:)-52 

24-25  24-50 

29-10  29-40 

38-80  39-20 

48-50  49-00 

53-20  58-80 

07-90  68-60 

77-00  78-40 

67-30  88-20 

9700  9800 


1-98 

2-97 

3-96 

4-95 

5-94 

6-93 

7-92 

8-91 

9-90 
10-89 
11-88 
12-87 
13-86 
14S5 
15-84 
16-33 
17-82 
18-81 
19-80 
20-79 
21-78,  22 
22-77  2:J- 
2.3-76  34- 
24-75  I  25- 
29-70;  30- 
39-60  40- 
49-50  1  50- 
59-40 :  60- 
69-.30|  70- 
79-20  I  8(1- 
8910  90- 
99.00  lOO- 


4- 
6' 

8- 

10- 

12 

14 

10- 

18- 

20- 

22 

24- 

26- 

28- 

30- 

32- 

34- 

BO- 
SS- I  57 

40-  I  60 
,  42-  I  63 
'44-68 
I  40-     69- 

48-     72 

50-  I  75 

00-  !  9t 
i  80-  '120 
100-  150 
120-  ISO- 
MO-  210- 
100-  240- 
180-  270- 
200-  300- 


DECIMAL   PARTS   OF   GALLONS   ft   POUNDS. 


121 


DECIMAL    TABLES. 

Decimals  equuHtlent  to  the  number  of  Gills  or  fractional  parts  of  a  Pint, 
Q,uart,  or  Gallon.  —  See  Guaging,  Epitome  of  Mennuration,  8fC. 

[It  is  Ufual,  except  ineaees  where  the  number  multiplied  is  large,  to  drop  all  but  the  two 
first  figures  ia  decimals.] 


Deci- 
mals. 

s 

i 

s 

1 

3 

OallonJ 

Deci- 
mals. 

5 

m 
0 

1 

Gallon. 

Decimals. 

m 

0 

1 

Gallon. 

o 

^ 

& 

j 

o 

tl* 

<y 

0 

(i. 

a 

.03125 

1 

:; 

i 

1-321 

.375 

12 

3 

U 

3-8 

.71875 

23 

5| 

25 

23-32 

.0625 

2 

'.. 

i 

1-16 

.40625 

13 

H 

\i 

13-32 

.75 

24 

6 

3 

3-4 

.09375 

3 

3 

I 

332 

.4375 

14 

3* 

n 

7-16 

.78125 

25 

6| 

34 

25-32 

.125 

4 

1 

h 

1-8 

.46875 

15 

33 

n 

15-32 

.8125 

26 

6* 

34 

13-16 

.15625 

5 

n 

1 

5-32 

.5 

16 

4 

2 

1-2 

.84375 

27 

65 

n 

27-32 

.1875 

6 

li 

5 

3-16 

.53125 

17 

4 

24 

17-32 

.875 

28 

7 

34 

7-8 

.21875 

7 

ii 

I 

7-32 

.5625 

18 

4m 

2\ 

9-16 

.90625 

29 

Ik 

n 

29  32 

.25 

8 

2 

1 

1-4 

.59375 

19 

4| 

23 

19-32 

.9375 

30 

n 

33 

15-16 

.28125 

9 

H 

14 

932 

.625 

20 

5 

2^ 

5-8 

.96875 

31 

n 

^ 

31-32 

.3125 

10 

24 

H 

5-16 

.6)625 

21 

H 

2S 

21-32 

1.000 

32 

8 

4 

iRal. 

.34375 

11 

2i 

11 

ll-32i 

.6875 

22 

5i 

n 

11-16 

APPLICATION.  Required  the  gallons  in  any  Cylindrical  Vessel.  Sup- 
pose a  vessel  9  1-^  inrhes  deep,  9  inches  diameter,  and  contents  2-6163, 
that  ii,  2  gallons  and  61  hundredth  pnrts  of  a  gallon,  now  lo  ascertain  this  de- 
cimal of  a  gallon  refer  to  the  above  Table,  lor  the  decimal  that  is  nearest, 
which  is  -625,  opposite  to  which  is  20  gills,  5  pints,  and  2  1-2  quarts,  either 
being  the  amount  of  the  decimal  required,  consequently  the  content  of  the 
vessel  is  "Z  gallons  and  5  pints. 

Decimals  equixialertt  to  the  fractional  parts  of  a  Pound.  —  See   Tablet 
of  Metals,   Weights  and  Measures,  4'C. 


.03125 

4  oz. 

.28125 

44nz. 

.531-26 

84oz. 

.78125 

124  oz. 

.0625 

1 

.3125 

5 

.5625 

9 

.8123 

13 

.09375 

H 

.34375 

54 

.59375 

94 

.84375 

134 

.125 

2 

.375 

6 

.625 

10 

.875 

14 

.15625 

24 

.40625 

64 

.6.5625 

104 

.90625 

144 

.1875 

3 

.4375 

7 

.6875 

11 

.9375 

15 

.21875 

34 

.46375 

74 

.71875 

114 

.96875 

154 

.25 

4 

.5 

8 

.75 

12 

1. 000 

16 

APPLICATION.  Required  the  loeight  of  one  foot  of  Fl.it  Bar  Iron, 
S-4  ths  of  an  inch  in  thickness,  and  1  7  8  ths  inches  breadth.  Refer  to  tho 
Table  of  Flat  Bar  Iron,  and  you  will  find  the  weight  ofl  loot  of  the  above 
dimensions,  to  be  4-G96,  that  is,  4  pounds  and  6%  ihou^andth  parts  of  a 
pound  ;  and  to  ascertain  this  decimal  in  ounces,  refer  to  the  above  Table 
for  the  decimal  that  is  nearest,  and  you  will  find  it  lo  he  '6875,  opposite  to 
which  is  11  ounces,  the  weight  of  the  decimal  required,  r<nisequently  the 
weight  ofl  foot  lengihof  the  flat  bar  in  question,  will  bc4pounds  11  ounces. 

APPLICATION.  Required  the  tneighl  of  Tire  Bar  Iron,  1-2  an  inch 
thick,  and  1  5-8  ths  of  an  inch  broad,  16  feel  long. 

Sec  Table  of  Bar  Iron,  where  1  foot  length  is  2716  lbs.,  then 
71Q  X  IC  =  43-436,       {or  43  U>s.  7i  oz.  being  the  mean  between.  -437  «>  '<»). 
BMA  11 


122 


DECIMAL  PARTS  OF  FEET  AND  INCHES. 


APPLICATION.  Required  the  weight  of  35  Bars,  Round  Iron,  1  1-4 
inch  diameter,  12  feet  long,  each. 

See  Table  of  Round  Iron,  where  1  foot  in  length  is  4-09  lbs.,  then 

4-09  X 12  X  35  =  171"-80  {or  1717  lbs.  13  oz.  being  the  nearest  equivalent). 

APPLICATION.  Required  the  weight  of  64  Square  Feet  of  Boiler 
Plate  Iron,  3-16  ths  of  an  inch  thick.  See  Tables  of  weight  and  thickness 
of  Plate  Iron,  Copper,  Brass  and  Lead. 

As  1  Square  Foot  weighs  75  lbs.,  then  7-5  X  64  =  4800  lbs. 

APPLICATION.     Required  the  weight  of  22  Square,   or   superficial, 
Feet  of  Sheet  Iron,  No.  9  Wire  Guage  thickness.    See  Tables  Sheet  Iron, 
Copper,  and  Brass,  from  No.  1  to  No.  30  Wire  Guage  thickness. 
As  1  square  foot  weighs  6-24  lbs.,  then 

6-24  X  22  =  137-28  (137  lbs.  4^  oz.) 

Decimals  equivalent  to  the  fractional  parts  of  an  Inch  when  divided  into 

thirty-two  parts ;  likewise  the  Decimals  equivalent  to  the  fractional  parts 

of  a  Foot. 


Decimals. 

Parts  of  an 
Inch. 

Decimals. 

Parts  of  an      > 
Incli.           ] 

Decimals. 

Parts  of 
a  Foot. 

.03125 

1-32 

.53125 

h  &  1-32 

.01041 

J 

.0623 

1-16 

.5625 

i  &  1-16 

.02083 

i 

.09373 

3-32 

.59375 

I  &  3-32 

.03125 

.125 

J 

.625 

t 

.04166 

^ 

.15625 

i  &  1-32 

.65625 

1  &  1-32 

.05208 

1 

.1875 

i&l-16 

.6875 

1  &  1.16 

.0625 

1 

.21875 

J  &  3-32 

.71875 

1  &  3-32 

.07291 

I 

.25 

i 

.75 

1                  ' 

.0833 

I 

.28125 

i  &  1-.32 

.78125 

%  &  1-32 

.1666 

2 

.3125 

i&l-16 

.8125 

1  &  1-16 

.25 

3 

.34375 

k  &  3  32 

.84375 

1  &  3-32 

.3333 

4 

.375 

f 

.873 

i 

.4166 

5 

.40625 

1  &  1-32 

.90625 

I  &  1-32 

.5 

6 

.4375 

i  &  1  16 

.9375 

I  &  1-16 

.5833 

7 

.46875 

S  &  3-32 

.96875 

i  &  3-32 

.6666 

8 

.5 

i 

1.000 

1  inch. 

.75 

.8333 

.9166 

9 
10 
11 

APPLICATION.  1.  Required  the  number  of  Square  Yards  in  a  floor 
whose  length  is  13.^,  and  breadth  9|  feet. 

13  5  X  9- '5  =  131  625  -^  9  =  14-625  square  yards. 

2.  Required  the  Area  of  a  Fire  Grate,  under  the  boiler  of  a  Steam  Engine, 
whose  length  is  4  feet  7  inches,  and  width  3  feel  6  inches. 

7  inches  equal  -5833  and  6  inches  equal  -6  {see  table),  then 
4-59*3  X  3-5  =  16  04155  square  feet. 

3.  Required  the  Area  of  the  side  of  a  square  piece  of  Board,  8  3-16  in- 
ches in  length.  1-8  &  1-16  =  3-16  equal  -1875  (see  table), 

8-1875X8  1875  =  67-03515625  square  inches. 

4.  Reauired  the  Cubic  Contents  in  Inches  of  a  Plate  30^  inches  in  length, 
8  7-8  incnes  in  breadth,  and  5-8  inches  thick. 

30  50  X  8-375  =  270-68750  X  -625  =  169- 17  -f  cubic  inches. 

6.  —  Required  the  Register  Tonnage  of  a  single  r^ecked  vessel,  length 
101  feet  and  9^  inches,  breadth  26  feet  3  inches,  and  depth  9  feet  2  inohesi 
Opposite  9  and  i^  inch,  is  75  and  -04166,  which  added  together  equal  •79166: 
Then,  101-79166  —  3-5 of  26-25  X  2625  X  9-16C6  -i- 95  =  21T88  95ths  tons- 


WEIGHTS  AND  MEASURES. 


123 


TABLE   OF   EQUIVALENT   PRICES    TO    COMMON 
WEIGHTS  AND  MEASURES. 

The  following  Table  will  be  found  convenient  in  calculating  the  pnce  ol 
pounds,  feet,  yards,  gallons,  &c.  In  the  first  division,  a  ion  (or  quantity  of  one 
article.)  is  divided  into  cwt.,  qr.  and  stone.  If  a  Ion  (or  articlej)  cost  $2'80, 
112  will  cost  14  CIS. ;  28,  4  cts. ;  14,  2  cts.  In  the  second  division,  if  1  lb  (or  one 
article,)  cost  1-8  of  a  ct.,  one  doz.  will  cost  1^  cts. ;  20,  2^  cts. ;  100, 12^  cts.  ;  120, 
15  cts.;  144,  18  cts. ;  1,()00,  $1-25  :  and  the  same  may  be  reversed,  viz  :  take  the 
figures  at  the  foot  of  the  right  hand  column,  and  it  will  be  seen,  lliat,  if  1,000 
lbs.  (or  1,000  yards,  feet,  or  gallons,)  cost  $200,  a  ton  (or  2,240  articles,)  will 
cost  S448. 


Per  Ion 

Cwt. 

qr. 

Sto. 

lb. 

Doz.   Score 

Per 

Per 

Gross 

Per 

or  2240 

or  112 

or  29 

or  14 

or 

or  12.  or  20 

100 

120 

or 

1000 

lbs. 

lbs. 

lbs. 

lbs. 

1. 

1 

144 

t       CIS 

$  cts. 

Sets 

$  cts 
0-02 

ets. 
i 

S   cts.$    ets. 

S     ets. 

8    cts. 

$    CM 

$     cts. 
1-25 

2  80 

014 

0  04 

■    li 

•    2i 

-m 

•15 

-18 

5-60 

0  28  0-07 

0-04 

•  3 

-  5 

-25 

-30 

36 

2.50 

11-20 

056 

0  14 

0  07 

1 

-  6 

-10 

-50 

-60 

•72 

5  00 

1680 

0  84 

0-21 

0-11 

1 

•  9 

•15 

•"o 

•90 

1  08 

7  50 

22-40 

1-12 

0-28 

014 

1 

12 

-20 

1  00 

1-20 

1  44 

10-00 

33  60 

1  68 

0-42 

021 

u 

•18 

-30 

1-50 

1  80 

2  16 

1500 

44-80 

2-24 

0-56 

0-28 

2 

24 

•40 

200 

24(1 

2-88 

20  00 

56  00 

2-80 

070 

0-33 

^ 

-30 

50 

2  30 

3  00 

3  60 

2500 

67-20 

3-36 

0-84 

0  42 

3 

-36 

•60 

300 

360 

432 

30  00 

78-40 

3-92 

0  98 

0-49 

3i 

•42 

•70 

350 

4  20 

5  04 

35  00 

89  60 

4-48 

1  12 

0-56 

4 

•48 

•80 

400 

4  80 

5  76 

4000 

100-80 

504 

126 

063 

4i 

-54 

-90 

4  50 

5-40 

6  48 

4500 

11200 

560 

1-40 

0-70 

5 

•60 

100 

5  00 

6  00 

720 

50  00 

123  20 

6  16 

1  54 

0-77 

H 

•66 

1  10 

550 

660 

792 

55  00 

134  40 

672 

168 

0-84 

6 

•72 

120 

6  00 

7-20 

864 

60-00 

145-60 

7-28 

182 

091 

^ 

•73 

1  30 

6  50 

7  80 

9  36 

65-00 

156-80 

7  84 

196 

098 

7 

-84 

140 

700 

8.40 

1008 

70  00 

16800 

8-40 

2  10 

1  05 

u 

90 

1-50 

7  50 

9-00 

10  80 

75  00 

179-20 

896 

224 

112 

8 

96 

1  60 

8  00 

9  60 

1152 

8000 

190-40 

9-52 

2-38 

1  19 

»h 

1  02 

170 

8  60 

10-20 

12  24 

8500 

201  60 

10-80 

2-52 

126 

9 

108 

180 

9  00 

1080 

1296 

90-00 

212-80 

10  64 

2-66 

1  33 

9i 

114 

190 

950 

11  40 

13  68 

95  00 

22400 

1120 

2-80 

140 

10 

120 

2  00 

1000 

1200 

1440 

100  00 

233  20  11  76  ;2-94 

147 

lOi 

126 

2-10 

10  50 

1260 

15  12 

10500 

246  40  1-2-32 

308 

1-54 

11 

1  32 

2-20 

1100 

1320 

1584 

110  00 

2.57-60  12  88 

322 

161 

Hi 

1  38 

230 

1150 

1380 

16  56  115  00 

268  80  13-44 

336 

168 

12 

144 

2-40 

12  00 

14-40 

17  28  120  00 

280  00  14-00 

350 

1-75 

I2i 

1  50 

2  50 

12  50 

15  00 

18  00  125  00 

291-20  14-56 

3  64  1  82 

13 

1-56 

2  60 

1300 

15  60 

18  72  l.SOOO 

3KJ-60  15  68 

3  92  1  96 

14 

168 

2-80 

14-00 

16-80 

20  16  140  00 

336  00 

1680 

4-20  2  10 

15 

1-80 

300 

1500 

1800 

21-60  150  00 

35840 

17-92 

4  48  2  24 

16 

192 

3-20 

1600 

1920 

23  04  160  00 

380-80 

19  04 

4-76  2  38 

17 

204 

340 

1700 

20  40i24  48  170  00 

403-20'20  16j5  04  -252 

18 

2  16 

360 

18  00 

21  60;25  92  180-00 

423  60  21  28  3  32  2  66 

19 

2-28 

3  80 

1900 

22  80,27.36  19000 

448-00l22-40l5  60  2-80 

20 

240 

4-00  |20  00 

24-00128  80  200  00 

124 


WEIGHT   AND   THICKNESS    OF    HOOP    IRON. 


WEIGHT  OF   A  TEN   FEET  LENGTH  OF  HOOP  IRON,  AND 
ITS    THICKNESS    ON    THE    WIRE   GUAGE. 

No.  1  Wire  Guage  is  -^^ths  of  an  inch ;  iis^,  7  is  ^^;  11  ts  ^ ;  13 
t5  ^ ;  15  is  ^  ;  16  is  ^^  ;  17  is  ^^ ;  19  is  ^s  ;  21  is  ^\;  22  is  ^. 


■Width  thick,  thick.'thick.  thick,  thick,  thick,  thick. 'thick,  thick. 

thick,  thick. 

thick,  thick 

Iron.  No.fi.  No.  7 

No.  8.  No.  9.  No.  10^  No.  11  No.  12 

No.  13  No.  14  No.IS  No.KJ  No.  17  No  18 

Ins. 

lbs. 

lbs. 

lbs.  1   lbs. 

lbs.  1   lbs.      lbs. 

lbs.  I   lbs.  1 

lbs.  ; 

lbs. 

lbs.  libs. 

% 

5-07 

4-68 

4-28    3-90 

3-31  i  3-12,  2-73 

2-34    1-95 

1-76 

1-50 

1-36!  116 

% 

5-90 

545 

4-97'  4-55 

4-071  3-62;  3-17 

2-70 1  2-27  i 

2-05 ; 

1-80 

1-57J1-.35 

1 

6-76 

6-25 

5-71  i  5-20 

4  68    4-16'  3-(>5 

3-12    2-60 

2-35 

2-08 

1-Sl   1-55 

IX 

7-60 

7-02 

6-42    5-85 

5-26 i  4-68    4-10 

3-51    2-92 

2-62 

2-34 

2-04 ;  1-75 

Ifi 

8-45 

7-81 

7-141  6-50 

5-85    5-21    4-56 

3-90    3-25 

2-93' 

2-60 

2-27:1-93 

iX 

9-30 

8-59 

7-60    7-15 

6-43!  573    5-01 

4-29    3  57 

3-23 

2-80 

2-49  2-13 

IVz 

10-15 

9-37 

8-.57:  7-80 

7-02 1  6-25    5-47 

4-68:  3-90 

3.52 

3-12 

2-72  2-32 

1% 

10-95|1015 

9-25    8-45 

7-55    6-75 1  5-90 

5-05    4-20 

3-80 

3-35 

2-911  2.50 

IX 

11-80  10-90 

9-95    9-10 

6-15    7-251  6-35 

5-40 1  4-55 

4-io! 

3-00 

3-15  2-70 

1^ 

12  65  ]  1-65 

10-65    9-75 

8-75    7-75'  6-80 

5-80,  4-85 

4-35 

3-85 

3-35  2-90 

2 

13-53  12-50 

11-43  10-40 

9-361  8-33    7-30 

6-25    5-20 

4-70  j 

4-16 

3-63!  3-10 

2>tf 

14-37  13-27 

12-14  1105 

9-95    8-95;  7-75 

6-64 1  5-52 

4-97| 

4-42 

3-S5  3-30 

2>4 

15  21 !  14.05 

12-85  11-70 

10-53    9-37 1  8-20 

7-03:  5-85 

5-25; 

4-63 

40813  50 

2% 

16-07  j  1484 

13.32  12-35 

11-11  j  9-891  8-60 

7-421  e-n 

5-581 

4-94 

4-31,3  68 

2>i 

16-90  15-6d 

14-28  13- 

11-71  10-42'  9-12 

7-811  6-50, 

5-87 

5-20 

4-54 1  3-67 

2Ji 

17-75  16-4C 

14-75  13-65 

12-28  10-93    9-63 

8-19J  6-82, 

015! 

5-45 

4-7514-05 

2% 

18-61  17- IS 

15-21  14-30 

12-87  11-46  10-03 

8591  7-15: 

0-46 

5-72 

4-99,4-26 

2;i 

19  45  17-96 

16-18  14-95 

13-46  11-98  10-49 

8-981  7-471 

6-75 

5-98 

5-22!  4-45 

3        20-30  18-75 

17-15  15-60 

14-05  12-50  10-95 

9-.37I  7-80 

7-05' 

6-J5 

5-45  4-66 

2^    21-90  20-3C 

18-50  16-90 

15-10  13-5(1  11-80 

10-10 ;  8-40i 

7-60^ 

6-711 

5-80  5- 

3>i    aVOO  21-SC 

19-90  18-20 

16-30  14-50  12-70 

10-80'  9-101 

.8-20  i 

7-20 

6  30  5-40- 

3X    2.5-30  2:3-3(1 

21-30  19-50 

17-50  15-50  13-60 

ll-OOi  9-70 

8-70J 

7-70 

6-70  5-80 

4        27-07  25- 

22-80  20-80 

18-73  16-07  14-60 

12-50  10-40 1 

9-40 ! 

8-:W 

7-20  6-20 

K}i    28-75  26-55|24-28  2210 

19-90  17-70  15-50 

13-28  11-05 

9-95 

8-84 

7-70' 6-60 

4*4    30-J3  23-10  25-71  23-40 

2107  18-75  16-40  !l4-06  1170  10-50! 

9-36 

8-17'  7- 

4%    32-14  29-68  26-04  24-70 

22-23  19-79  17-33  1484  1235  1116! 

9-83 

8-62  7-36 

5        a-J-SO  31-J5  23-57  26- 

23-42  20-84  18  25  15-63  13-     : 

11-75  10-41 

9-08  7-75 

5if    35-50  .32-81  29-50  27-30 

24-56  21-86  1916  16-38  1365  1231  10-91 

9-518-11 

6}4    37-22  34-37,30-43  28-60 

25-75  22-9-^20-07  1718  1430  12-92  1145 

9-98  8-23 

6%    38-91  35-93  32.36  29-90 

26-92  23-96  20-98  17-96  14-95  1351  11-97  10-44  891 

0        40-60  37-50134-30  31-20i28-10  25-      21-90 118-75  15-60  14-10  12-50  10-90  9  30 

Hoop  Iron  %  broad,  No.  21,  -685  lbs. ;  %,  No.  20,  -885  lbs 

;%> 

No.  10, 1-24  lbs. 

Regular  Sizes  Coopee  Hoops. 

Width. 

Guasie. 

1                           Width. 

Gt/n^e. 

5-8  4. 3-4.. 

No.  20 
19 

li  1  3  8,  U,  15-8 
1;  ,  1  7-S,  2,  2  1-8, 

nch 

No.  16 

7-8.. 

21,2  3-8,  inch.. 

15 

1 

18 
17 
16 

2  ,  2  5-8,23,  2  7-8   tiinrhpi.. 

14 

1  1-8. . 

31.  3i.  3  3-4  inche 

s  

13 

u.. 

..    1 

4 

inches, 

12 

Barrel  Hoops,  1, 11-16,  l>^in.  wide,  Nos.  16to  18  WireGuaRe,cut  4  io6ft.  Inn)?;. 
Paiicheon  Hoops,  IJ,  nnd  1%  in.  wide,  8  ft.,  8  ft.  6  in.  to  9  ft.  long  ;  Nog.  15  and  16 
Bolt  Hoops,  13,  1%,  2,  and  2J  inches  broad,  10  to  12  feet  lonp.         [Wire  Gnage. 
Val  Hoops,  3  10  4  inches  broad,  Nos.  8,  9,  10,  and  11  W.  Gnage.  20  10  30  ft.  long. 
Mast  Hoops,  3  to  6  inches  l)r<md,  3-16  to  }  inch  thick,  12 10  20  feel  long. 
Mill-Srnne  Hoops.  5  to  6  inches  broad,  ^J()s.  10  and  11  Wire  Guage. 
Coach  and  Nave  Hoops.  1^  10  3  inches  broad,  1-8  to  3-16  inches  thick. 
Clog  Hoops,  j  10  Ij  inch  wide,  Nos.  11  to  14  Wire  Guage. 
Cham  Hoops,  i  to  }  inch  wide.  No.  10  Wire  Guage. 

Weight  of  Flat  Bar  Iron,  {see  it^U)  for  Tire  Bars,  4c.,  from  i  to  1  inch 
thick,  and  from  1  to  6  inches  wide. 

See  Mensuration  for  Rule  for  determiiiiug  the  length  of  Iron  in  an  unbent 
•tate  in  forming  a  hoop  or  ring. 


administrator's  account. 


125 


ADMINISTRATOR'S   (OR  EXECUTOR'S)   ACCOUNT. 

The  FtKST  AccocNT*  of  A.  B.,  Administrator  of  the  Good  i  and  Estate  of 
C  D.,  laU  ofN.,  in  the  County  of  M.,  Farmer,  deceased,  intestate.* 


1855. 
July  1. 


fulyl. 


Said  AdrainUtmtor  chargea  himself: — 

With  the  amount  of  personal  estate  of  the  deceased, 

which  by  the  appraisement  thereof,  appears  in  the 

In  ventory  to  lje  of  the  value  of  -  -  - 

With  the  sum  for  which  the  same  was  sold  above  the 

appraisement,        -  -  .  .  - 

With  the  several  sums  collected  and  received  as  stated 

in  the  schedule  annexed,  marked  A,     - 


Said  Administrator  claims  allowance  for  the  following 

payments  and  charges: — 
For  funeral  expenses,  as  per  receipts. 
For  sundry  payments  made,  as  stated  in  schedule  B. 
Paid  Probate  Fees,    .  .  -  -  • 

Paid  E.  F.,  attorney,  for  stating  this  account, 
My  charge  for  settling  the  estate. 
Balance  in  favor  of  the  estate  in  my  hands. 


Dr. 


$4570 
60 
150 


$4770    88     S  47701  88 


A  40 
700 
50 


NoTB.— An  Administrator  is  appointed  by  the  Probate  Court,  or  other  similar  tribunal, 
to  administer  the  estate  of  an  intestate,  that  is,  of  a  deceased  person,  who  has  left  no 
will.  The  widow,  or  the  next  of  kin,  is  entitled  to  be  administrator,  and  in  default  oi 
these  a  creditor.  No  one  can  administer  unless  interested  in  the  estate.  Executors  and 
Administrators  must  prove  the  will,  give  bond  for  the  performance  of  their  trust,  and 
make  an  inventory  of  the  goods  and  estate,  collect  and  pay  the  debts,  and  deliver  over 
the  residue  of  the  estate  to  tliose  entitled  to  receive  it.  An  Administrator,  or  Executor,  il 
allowed  by  statute  provision,  or  custom,  from  2  1-2  to  5  per  cent,  for  settling  the  estate. 

*  The  Second  Account  should  commence  with  a  charge  of  the  balance  of  the  old  ac- 
eount.and  proceed  as  above.  The  Final  Account  should  be  designated  as  the  Second, 
Third,  or  Fourth,  &c.,  and  Last  Account  of  C.  D.,  Ac 

*  Instead  of  the  words  [Administrator  of  the  Goods  and  Estate,]  say  "  Executor  of  the 
last  Win  and  Testament" — and  "  testate"  in  place  of"  intestate" — if  it  be  so. 


INVENTORY,    BY    APPRAISERS. 

A  true  and  perfect  Inventory  and  just  Appraisement  of  the  Goods,  Estate,  Rights, 
and  Credits,  which  were  of  A.   B.,  late  of  W.,  Farmer,  deceased,  intestate. 


The  Homestead,  ... 

100  Acres  of  Land,  at  $20.00, 
3  Yok«ofOxen,at8«9.W,  • 
r  Cows,  at  A20.00,  ... 

1  Horse  and  namess,  •       • 

1  Wagon  and  Cart,        ... 
Sundry  other  Fanning  tools, 
12  Chairs,      ..... 
3  Tables,       ..... 
8  Beds,  Bedsteads,  and  Bedding,  * 


#1500 

00 

2000 

00 

80 

00 

140 

00 

150 

00 

150 

00 

,   150 

00 

'    12 

00 

15 

00 

50 

00 

$4247 


Taken  and  appraised  by  us,  the  subscribers,  the  tenth  day  of  July,  A.  D.  1853. 

CD. 

E.    F. 

W County,  m.  O-  H. 

On  the  tenth  of  July,  18S1,  befiwe  me  the  nibicriber,  one  of  the  Justices  of  the  Peace 
In  and  for  said  county,  came  the  above  named  C.  D.,  E.  F.,  and  O.  H.,  who  being  qnali- 
flcd  according  to  law,  do  declare  that  the  above  Inventory  contains  a  just  and  true  ap- 
praisement of  the  Goods,  Estate,  Chattels,  Rights  and  Credits  of  the  said  A.  B.,  deceased, 
■o  far  as  the  same  came  to  their  knowledge. 

Witness  my  hand  and  seal  the  day  and  year  above  written.       I.  K.,  J.  P.    [t.  ■■3 

*  Note — An  Inventory  must  enumerate  everything  movable  or  Immovable  whiek 
Belonged  to  the  deceased.  The  wearing  apparel,  watches,  rings,  and  jewelry  of  the  irlft, 
which  she  wore  during  the  lifetime  of  her  husband,  are  rot  to  be  included. 


BMA 


11' 


126  PRACTICAL    SYSTEM    OP   BOOK-KEEPING. 

BOOK-KEEPING. 

Thejirst  Book  is  ihe  DAY  BOOK.  It  commences  with  an  inventory  of  the 
Tradesman's  effects,  viz.  his  Qish,  Merchandise,  Real  Estate,  Notes,  and  obli- 
gations payable  to  him,  and  sums  due  him,  &?  ,  aiid  also  nil  the  Debts  due  by 
him  to  others,  on  Notes,  Booh  Accounts,  ^c.  This  book  contains  the  entry  of 
every  transaction  made  at  the  time  it  occurs,  in  plain  and  concise  language. 
The  Day  Book  should  be  kept  with  great  care  and  accuracy,  for  it  contains 
the  original  entries,  and  is  the  only  book  received  as  evidence  in  litigated  cases. 
It  should  be  regularly  paged  throughout.  When  an  entry  is  made  in  the  Day 
Book  which  is  settled  by  cash  before  it  is  posted  in  the  Leger,  ihe  posting  may 
be  omitted,  and  "  Paid"  written  against  the  charge,  and  the  amount  immedi- 
ately entered  in  the  Cash  Book.  If  a  person  resides  in  another  town,  the 
name  of  his  residence  should  be  mentioned  in  the  Day-Book. 

The  iecortd  Book  is  the  LEGER,  which  is  the  principal  Book,  into  which 
the  entries  from  the  Day  Book  are  so  posted  under  Dr.  and  Cr.,  that  the 
amount  of  each  account  is  immediately  apparent.  The  Leger  should  be  reg- 
ularly paged  throughout,  and  should  contain  an  alphabetical  list  of  the  names 
of  persons  with  whom  accounts  are  opened,  with  the  number  of  the  folio  on 
which  they  can  be  found.  The  requisite  number  of  pages,  at  the  beginning  of 
the  Leger,  can  be  appropriated  for  this  Index.  Merchants,  doing  a  large  bu- 
siness, keep  their  books  by  double  entry  ;  but  the  retailer,  from  the  smallness 
of  his  sales,  seldom  does  so.  He  may,  however,  find  it  convenient  to  open 
the  following  accounts : 

Stock — Is  made  Dr.  for  the  amount  you  owe,  and  Cr.  for  your  efiecta. 

Cash — Is  Dr.  for  all  money  received,  and  Cr.  for  all  paid  out. 

Notes  Receivable — Are  Dr.  for  notes  received,  aod  Or.  for  all  disposed  of. 

Notes  Payable — Are  Dr.  for  all  notes  paid  or  taken  up  that  you  have 
given,  and  Cr.  for  all  you  give. 

Interest — Is  Dr  for  araount«i  allowed  on  discounts,  accounts  current,  and 
interest  on  notes  payable,  and  Cr.  for  balances  of  interest  in  your  favor- 

Expense. — This  account  is  Dr.  for  all  charges,  such  as  workmen,  laborers, 
freight,  truckage, postage,  rent,  &c. 

Profit  and  Loss— Is  Dr.  for  all  charges  and  losses,  and  Cr.  for  all  gains. 

These  accounts  should  be  opened  in  the  Leger  in  the  same  manner  as  with 
individuals,  the  Dr.  always  being  on  the  left  hand,  and  the  Cr.  on  the  right. 

Correction  of  Errors. — If  the  entry  of  an  article  be  omitted  in  the  Day 
Book,  enter  it  in  the  next  vacant  place,  writing  the  word  ^^  omittedJ'  If  a 
•wrong  name  be  entered  draw  a  line  underneath,  and  write  the  right  name 
above.  If  an  error  be  made  in  an  account,  write  the  word  "  error"  against  it, 
(omitting  to  post,)  and  make  a  correct  entry. 

In  the  Leger,  if  an  item  has  been  posted  to  a  wrong  account,  post  on  the 
opposite  side,  "  By  or  To  Error,"  and  mark  both  by  a  star  ; — when  posted  on 
the  wrong  side  of  an  account  balance  it  by  posting  "  To  or  J5y  Bror"  on  the 
opposite,  and  then  post  it  on  the  right  side.    Erasures  should  not  be  made. 

An  Accovjit  Current\%  a  transcript  from  both  sidesofa  Leger,  with  the  par- 
ticular dates  and  explanations  from  the  original  entries. 

The  third  Book  is  the  CASH  BOOK,  in  which  the  daily  receipts  and  pay- 
ments of  money  are  recorded,  with  the  dale  and  other  particulars.  The  ac- 
count should  be  balanced  monthly,  or  at  shorter  intervals,  and  the  totals  may 
be  transferred  to  Dr.  and  Cr.  of  the  Leger. — See  Ca^h  Book. 

Note.— Retailers  allow  the  money  received  during  the  day  to  remain  until 
evening,  then  count  it,  and  enter  it  in  the  Cash  Book,  as  the  amount  of  sales 
for  the  day.  Some  Retnilers  enter  on  a  slate  all  cash  received  during  the  day 
from  sales  and  enter  it  in  the  Cash  Book  in  the  evening. 

Persons  vrhose  business  is  too  limited  to  require  a  set  of  books,  usually 
keep  but  one.  This  book  may  be  ruled  like  the  Leger ;  but  the  charges  should 
be  entered  in  full  as  in  the  Day- Book,  sufficient  room  being  left  to  note  down 
the  name,  quality,  price,  &c.,  of  the  articles. 

When  you  give  an  Order,  charge  the  man  to  whom  it  is  given,  and  credit  the 
nan  on  whom  it  is  drawn,  without  waiting  to  know  if  he  accepts  it. 

Whenever  a  Bill  is  settled  by  Cash,  or  otherwise,  dale  it  on  the  day  it  \» 
paid,  or  settled. 

Whta  yoa  pay  a  person  either  in  part  or  in  fall,  always  take  a  receipt. 


DAY    BOOK. 


127 


DAT    BOOK. 

Boston,  October  1,  1855. 


K^rcn 


Inventory  of  Eflects  on  commencing  business: — 

By  ca^h  CM  hand, $300  00 

"  Merchandise  in  store, '.200  00 


I  am  indebted — 


To 


Net  Capital, . 


H.  LoNo  &  Brotuer,  New  York,  Dr. 

To 2  Law  Libraries,  , a$l.33,    2  50 

"  2  Laws  of  the  sea, "      .25,        50 

"  G  Business  Man's  Assistant, "     .17,    102 

"  6  Law  of  Debtor  and  Creditor, "     .17,    102 

"  3  Landlord's  and  Tenant's  Assistant, "      .20,        60 

"  1  Shipper's  and  Carrier's         -do., 25 

3  ■- 


John  Smith,  Dr. 

To  1  ps.  bleached  Sheeting, 32  yds.   a  S0.07,      2  24 

"  4  Linen  Cambric  Hdkft., "      .50,      2  00 

"  0  vcis.  blue  Cassiraeres, "    2.00,  12  00 

"  12 '•  Oa'ico, "      .20,      2  40 

"  4  pairs  Footings "     .25,      100 

4 


PaU 

Enter  in 

Cisb 

Book. 


Parker  &  Hall,  Or. 

By  I  bbl.  brown  Havana  Sugar,,  .net  240  lbs.  a  $0.05,    12  00 

"  1  bag  Cuba  Coffee "100    "    "      .09,      9  00 

"  1  chest  Ningyong  Tea "     62    "    "      .25,    15  50 

"  1  bbl.  Sperm  Oil, "     32gals."    1.00,    32  00 

5    


H.  Long  &  Brother,  New  York, 
By  Cash  on  account, 

6  


Or. 


H.  Loso  &  Brother,  New  York,  Dr, 

To   6  Law  Cabineu, aSl.OO,      6  00 

«  10  reams  Priming  Paper, "    4.00,    40  00 

"    4  Shipmaster's  and  Seaman's  Assistant,    "     .62},    2  50 

7  — 


Parker  &  Hall, 
To  Cash  on  account. 


Dr. 


8 


Sold  I.  R.  Butts,  for  Cash, 

4  Linen  Cambric  Hdkfs., a  $0.50,      2  00 

2  pr.  Lisle  Gloves,    "      -2.5,         50 

19  yds.  Carpeting,  "    1.00,    19  00 

9 


Bot.  of  Charles  Chase,  for  Cash, 
Md4e.,a8  per  Bill, 

15   — 


H.  Long  &  Brother, 
By  their  note  at  60  days  in  full  on  tettlemeni, 

20   


a-. 


Parker  &  Hall,                                                             Vr, 
To  my  note  at  30  days  from  date  in  fall  on  settlement, 

21    


JoHTf  Smith, 
By  Cash  on  account,. 


Cr. 


)64 


00 

59 

00 

50 
00 
39 
JO 
00 


128 


LEGER,    CASH  BOOK,  TRIAL    BALANCE. 


Dr. 


LEGEB. 
H.  Long  Ic  Brother. 


[3] 


1S55. 
Ocl.   2 

"      6 

ToMdse., 

it      u      ' 

To  Balance,  .... 

p. 

1 
1 

5 

48 
54 

"50 

t^9 
60 
39 

39 

1855. 

Ocl.   5 

"    15 

By  cash, 

"  balance,  .... 

P- 
1 

2 

4 
50 

54 
"50 

00 
39 

39 

Oct.  15 

Oct.  15 

By  Note, 

39 

John  Smith. 


1855. 
Oct.    3  To  Mdse.,. 


1855. 
1      19  64        Oct.  21  By  Cash, 


10  00 


Parker  &.  Hall. 


1S55. 
Oct.  7 

To  Cash, 

"  Balance,  .... 

To  my  Note, 

1 
2 

11 

57 

00 
50 

50 

1855. 
Oct.  4 

By  Mdse., 

By  Balance,.... 

1 

68 
~57 

50 

"    20 

Oel.  20 

Oct  20 

50 

Note. — An  account  should  be  closed  when  you  receive  orpay  in  full. — When  you 
close  an  account  "  By  Balance,"  the  balance  is  brought  down,  and  is  the  bpgin- 
ning  of  a  new  account.  If  closed  "  To  Balance,"  Cnditthe  new  account  by  that 
balance,  if  closed  "  By  Balance"  Debit  the  new  account  by  i  hat  ha  lance 

While  the  business  continues,  no  account  is  closed  unless  payment  is  made 
in  full.  When  one  side  of  an  account  fills  up  the  whole  space  and  the  other 
side  less,  place  the  fooiings  of  both  columns  on  parallel  lines,  and  draw  a  diag- 
onal line  across  the  vacant  space. 


Dr. 


CASH  BOOK. 

Cash. 


Or. 


1955. 
Oct.    1 

«  5 

"  8 

"  12 

'«  15 

"  21 


To  Cash  on  hand,  per 

Inventory,.. 

"    H.  Long  &  Bro., 

•'    I.  R.  Bulls, 

''  drawing  Deed,.. 
"  H.  Long  &  Bro., 
"    John  Smith, 


Nov.     1  To  Ca'h  on  hand. 


1655. 

Oct.    2 

300  00 

"       7 

400 

i(      (1 

2l;50 

..       tc 

2  00 

"        9 

50,39 

'•      15 

10  00 

"     21 

"      31 

"      31 

387 

89 

283 

14 

Paid  Stationery, 

"  Parker  &  Hall,.. 

"  Insurance, 

"  Postage, 

"  Charles  Chase,.. 

"  dis't  on  H.  Long 
&  Bro 's note,.. 

"  Freight, 

'>  Rem, 

Cash  on  hand, 


387 


TRIAL  BALANCE.  —  Once  in  six,  or  three  months,  or  oftener,  each  col- 
timn  of  the  Legcr  should  be  added  up,  and  a  list  of  all  the  accounts,  with  the 
differences  of  the  several  debits  and  credits  annexed,  should  be  taken  from  the 
Leger  upon  a  sheet  of  paper, in  two  separate  columns.  If  ihe  bookshavebeen 
kept  and  posted  correctly,  the  footings  of  the  two  columns  will  agree,  if  not 
there  must  be  some  mistake,  which  should  be  found. 

A  BALANCE  SHEET  18  usually  made  out  at  the  close  of  the  year.  Com- 
mence with  the  first  account  in  the  Leger,  and  take  off  all  the  balances  in  or- 
der and  add  to  the  debtor  balances  the  Stock  and  Cash  on  hand,  and  to  the  credit 
balances  the  original  capital  (or  the  balances  you  owe).  Add  up  each  column, 
subtract  one  total  from  the  other  and  the  difference  shows  your  loss  or  gam. 


NEW    RATES    OF   POSTAGE. — DOMESTIC.  J 29 

RATES  OF  POSTAGE  IN  THE  UNITED  STATES 
AND  TO  FOREIGN   COUNTRIES. 


CORRECTED  AT  THE  POST  OFFICE  IN  BOSTON,  MAY,  1855. 


New  Postage  Act. 

After  April  1, 1855,  the  single  rale  of  postage  on  a  letter  conveyed  for  any 
distance  between  places  in  the  United  Slates,  not  exceeding  3000  miles  is 
three  cents,  and  for  any  distance  over  300(t  miles,  ten  ceiiis  ;  which  postage 
fnujir  be  prepaid,  either  by  stamp*,  stamped  envelopes,  or  in  money. 

After  January  1,  1856,  all  letters  between  places  in  the  United  States  must 
be  prepaiil,  either  by  postage  stamps,  or  stamped  envelopes. 

The  existing  rates  and  Vegulaiious  in  regard  to  letters  to  or  from  Canada 
and  all  other  tbreign  countries  remain  unchanged. 

Great  care  should  be  used,  as  well  in  prepaying  the  proper  amount  on  let- 
ters above  tlie  weight  of  half  an  ounce  as  on  single  letters. 


NO.  1.  LETTER  POSTAGE  TO  AND  FROM  ANY  PART  OF  THE 
UNITED  STATES. 

For  earh  J  ounce,  under  3000  miles, —  must  be  prepaid, 3  cents. 

For  each  J  ounce  over  3000  milei,  —  must  be  prepaid, 10  cents. 

Fractions  over  a  single  rate  are  charged  as  one  rate.  Letters  dropped  for 
delivery  ace  charged  one  cent.    Letters  advertised  are  charged  one  cent  extra. 

NO.  a.  LETTER  POSTAGE  TO  AND  FROM  BRITISH  NORTH 

AMERICAN  PROVINCES,-(Pkkpaid  or  rot.) 
For  each  |  ounce,  when  not  over  3U0O  miles  from  the  line  of  crossing,  10  cents. 

For  each  ^  ounce  when  distance  exceeds  3000  miles  do .*....  15  cents. 

Newspapers  and  Periodicals  are  chargeable  with  United  States  postage  to 
and  from  the  lines.    To  be  prepaid  when  sent  and  collected  when  received. 

NO.  3.  POSTAGE  ON  PRINTED  MATTER,  TRANSIENT  OR 
OTHERWISE,  IN  THE  UNITED  STATES.. 

No.  1. — All  Newspapers,  Periodicals,  Unsealed  Circulars  or  other  articles 
of  primed  mailer  (except  Books)  when  sent  to  any  part  of  the  United  States — 

Ihree  ounces,  or  le«s  —  prepaid,  —  1  cent onpaid,  —  2  cents. 

For  each  additional  ounce  —  prepaid,  1  c«n<..., CNPAID,  —  2  cents. 

No.  2. — Small  Newspapers  and  Periodicals,  published  monthly  or  oftener, 
and  Pamphlets  not  containing  more  than  10  octavo  pages,  when  sent  in 
single  packages  to  one  address,  and  weighing  at  least  8  ounces — 

For  eisht  ounces  —  prepaid,  4  cents unpaid,  8  cents. 

For  each  additional  ounce  —  prepaid,  i  cent DNPAtD,  1  cent. 

No.  3. — Books — bound  or  unbound — weighing  not  over  4  pounds. 

For  each  ounce — under  3000  miles  —  prepaid,  1  rent...  .unpaid,  IJ  cents. 

For  each  ounce  —  overSOOOmiles — prepaid,  2  cfnt« unpaid,  3    tents. 

Fractions  over  a  single  rate  are  charged  as  one  rate. 

An  avoirdupois  }  ounce  is  213}  grains.  —  1  Wafer  weighs  1  grain.  Sealing 
wax  5  gr.  A  sheet  of  foolscap  weighs  172  grains ;  letter-paper,  1.35.  Smal.  en- 
velope, 42  grains  ;  large,  52.  You  can  send  a  letter  300(1  miles  for  3  cents,  pre- 
paid, containing  the  sheet  of  letter-paper,  with  five  baiik-mites,  sealed  with 
wax  ;  or  the  letter  with  three  bank-notes  in  an  envelope.  Halta  sheet  of  let- 
ter-paper, with  a  hali'-eagic  enclosed  under  wax.  A  sheet  with  one  and  a  half 
dimes  enclosed,  secured  by  wafers.  A  single  sheet  of  letter-paper,  with  a  quar- 
ter-eagle enclosed,  secured  by  wax.    One  and    a  half  sheets  of  letter-paper. 


130 


NEW   RATES    OF   POSTAGE. 


JVo.  4.— Small  newspapers,  pamphlets,  &c.,  when  sent  in  packeU  of  less 
than  eight  ounces,  must  be  rated  singly. 

JVo.  5.— Newspapers,  Periodicals,  and  all  other  printed  matter  must  be  sent 
without  covers,  or  in  covers  or  wrappers  open  at  the  ends  or  sides.  In  case 
any  iiiformaiion  shall  be  asked  or  communicated,  by  wriiiiig,  marks,  or  signs, 
on  the  newspaper  or  other  printed  matter,  after  its  publication,  or  upon  the 
cover,  except  the  name  and  address  of  the  person  to  whom  it  is  sent,  it  will 
be  charged  with  letter  postage.  Neither  must  there  be  any  paper  or  other 
thing  enclosed  in  or  with  such  printed  paper,  &c. 


Quarterly  Rates  of  Postage,  when 
paid  in  advance,  on  Newtpapers  4* 
Periodicals  sent  from  the  office   of 
publication  to  actiuU  Subscribers. 

>> 

1 
CIS. 

ii 

.a 

CO 

Cts. 

3 
S 

Cts. 

1  *-. 

Cts. 

s 

Cts. 

1  ^ 

S  5 

Cts. 

1 
Cts 

Weekly  newspapers  (1  copy  only) 
sent  to  actual  su!)scribers  within  the 
county  where  printed  and  published. . 

Newspapers  and  periodicals  not  ex- 
ceeding 1 J  oz.  iii  weight,  when  circula- 
ted in  the  stale  where  published 

Newspapers  and  periodicals  of  the 
weight  of  3  oz.  and  under,  sent  to  any 
pari  of  the  United  Slates 

•223 

•45J 
•91 
1-30  J 
V8-> 
2-27i 
2-73 

•19J 
•39 

93 

6J 

13 
26 
39 
52 
(5.5 
78 

Free. 
3i 

13 

19i 
26 
32^ 
39 

3 
6 
9 
12 
15 
18 

3 
I' 

Over  3  and  not  over  4  ounces 

Over  4  and  not  over  5  ounces 

Over  5  and  not  over  6  ounces 

Over  6  and  not  over  7  ounces 

Over  7  and  not  over  8  ounces 

•78 

i-n 

1-56 
1-95 
2-34 

tst.  When  the  weight  of  any  publication  exceeds  eight  ounces,  the  same 
progressive  rate  of  postage,  laid  down  in  the  above  table,  must  be  charged. 

2nd.  Publi^hersof  newspapers  and  periodicals  may  sendto  each  other/rom 
their  respective  offices  of  publication,  free  of  postage,  one  copy  of  each  puljli- 
catiiin  ;  and  may  also  send  to  each  aciual  subscriber,  enclosed  in  their  publica- 
tions, bills  and  receipts  for  the  same,  free  of  postage. 

3d.  If  the  publisher  of  any  newspaper  or  periodical,  after  being  three 
months  previously  notified  thai  his  publication  is  not  taken  out  of  the  office  to 
which  it  is  sent  for  delivery,  continue  to  forward  such  publication  in  the  mail, 
the  Posimasier  to  whose  office  such  publication  is  sent  will  dispose  oflhe  same 
for  the  postage,  unless  the  publisher  shall  pay  it ,  and  whenever  any  printed 
mitterof  any  description,  received  during  one  quarter  of  the  fiscal  year,  shall 
have  remained  in  the  office  .without  being  called  for  during  the  whole  of  any 
succeeding  quarter,  the  Postmaster  of  such  office  will  sell  the  same  and  credit 
the  proceeds  of  such  sale  in  his  quarterly  accounts  in  the  usual  manner. 

4th.  Quarterly  payments  in  advance  may  be  made  either  at  the  mailing  of- 
fice or  the  office  of  delivery.  When  made  at  the  mailing  office,  satisfactory 
evidence  of  such  payment  must  be  exhibited  to  the  Postmaster  at  the  office  ot 
delivery. 


POSTAGES  TO  FOREIGN  COUNTRIES. 

NO.  1.  RATES  OF  POSTAGE  BETWEEN  THE  UNITED  STATES 
AND  VARIOUS  COUNTRIES,  BY  THE  AVAY  OF  ENGLAND. 
On  ail  SINGLE  Letters  between  the  United  .States  and  ihc following 
named  places  and  countries,  when  sent  by  the  way  of  England,  the  Rales 
named  must  be  prepaid,  and  6  cents  additional  when  from  or  t©  Cali- 
fornia and  Oregon. 


NEW  RATES  OP  POSTAGE. FOREIGN.       131 

tb  th»  following  places  the  United  States  Postage,  {and  that  only  may  be  collected 
tit  the  If.  S.,)  is  '21  Ceiils  ii  siiiiile  teller  iii>l  eACeediiig  ^  ounce  in  weight, 
when  conveyed  by  U.  3.  Packets,  and  5  Cent*  when  conveyed  by  British  Packets. 

Alexandria,  Altnna,  Anhalt,  Austria,  Algeria,  Baden,  Bavaria,  Bohemia, 
Basle,  Belgium,  Berjjcn,  Bremen,  Brunswick,  Bruekenlmrgh,  Coifu,  Coii- 
sianiinnple,  Copcahageu,  Cronsiadi,  Caiidia,  Cliriisliiiiia,  Cuxliaven,  Durilim- 
elles,  Darinstddt,  Deiimaik. France,  Prankfcn-on-ihe-Main,  Finland,  Geneva, 
German  States,  Gibraltar,  Greece  via  Triesie,  Galacz,  Giillipoli,  Hamburg, 
Hanover.  He^sin,  Hungary,  Holsiein,  Holland,  lialy,  Ionian  Ulandg,  iliraila, 
Keil,  Sicilies,  Lippc,  Loinhardy.  Lubec,  Luxemberg,  Levant,  Maila,  Mt-ck* 
lenberg  (Schweriii)-  do  (Siriliiz),  Meininpen,  Modena,  Mitylene,  Naples, 
Nassau,  Norway,  Neiherlinid<,  Oldcniiurgh,  Papal  Siaies,  Parma.  Poland, 
Prussia,  I'laceiuia,  Reuss.  Roman  or  Papal  Slates,  Rhodes,  Russia,  Sardinia, 
Salonica,  Samsum,  Saxe,  Saxony,  Savoiia,  Schleswig-,  Sicily,  Sweden, 
Switzerland,  Scuiara,  Smyrna,  Turkey,  Teiiedos,  Trebisoud,  Tuscany, 
Tuloza,  Varna,  Venetian  States,  Wallachia,  Wurteinburg. 

Rates  to  the/oUomng  countries  45  Cents  [prepaid]. 

Ascension,  Africa.  Brazil,  Buenos  .Ayres,  Cape  of  Good  Hope,  Cape  de 
Verde  I«!nn4ls,  Ceylon  via  Cape  of  Good  Hope,  Dutch  Guiana,  Montevideo 
Tia  Falmouth  or  any  other  part  of  the  Republic  of  Uraguay,  Sierra  Leone, 
aiid  Surinam. 

Rates  to  the  /allowing  p/ofM.— [prepaid.] 

Australia,  South  Ausiralia,  and  Victoria  ( Fort  Philtp)  via  Plymouth.  West 
Austnilia,  New  South  Wa.es,  New  Zealand,  Van  Diemaii's  Land,  Heligo- 
land, 34;  Ausiralia  ami  Africa,  (by  private  ship«)  37  ;  Madeira,  GSj  St  Helena, 
37;  British  Guiana,  10;    Canary   Islr.iids,  G5 ;    French   Guiana,  34. 

Rates   Via,  of  SouMampton— [prepaid]. 
Aden,(  Asia,)  Island  of  Ceylon, China,  Kast  Indies,  J:iva,  Mauritius,  Phillip, 
pine  Islands, and  Venezuela,  45  ;  Azures,  and  Portugal,  M  ;  lionrboii,  Borneo, 
Laliuan.  Alolnccai:,  and  Sumatra.  33:   Bgypt,  Greece,  and  Syria,  57;  Hong 
Kung,  :21  ;  Spain,  Majorca,  and  Minorca,  73. 

RtUes  Via  of  MarMiUes— [prepaid]. 
Aden.  Ceylon,  East  Indies,  Java,  Philippine  Islands,  Mauritius,  Ch  iia,33  ; 
Hoiiif  Kon<!,  5  ;  Keyrout,  57  ;  Egypt  01  ;  Greece,  "21  ;  Spain  &■  Minorca,  41  ; 
Syria  and  Tunis  51 ;  Labuan,  Moluccas,  Sum:ilra,  Bourbon  and  Borneo,  73. 

Postage  of  Newspapers  to  or  from  G.  Britain  and  Ireland,  or  to  or  from 
foreign  countries  through  Great  Britain  and  Ireland,  2  cents  —  to  I.e  prepaid. 

Note. —  In  computing  postage  lo  the  counliics  named  above,  the  British 
and  sea  postage,  and  U.  S.,  are  rated  by  the  ^  ounce  for  the  single  letter — 
while  ihe  Abr^ign  postage  is  rated  by  the  jj  ounce  Thus,  a  Idler  directed  to 
the  Kasi  indi  s,  by  a  British  Sleamer,  if  il  weighs  less  than  jounce,  will  be 
charged  05  cents  |  osiage— if  j  ounce,  or  more,  but  lessthan  ^  ounce, 75 cents 
.— lheybr«^n  postage,  only,  being  doubled  for  each  J  ounce. 

The  foreign  portion  of  the  al)ove  rates  is  lo  be  charged  J  onnce  for  1  rale,  and 
an  ndditional  rate  for  each  quarter  of  an  ounce,  and  5  cents  more  lliau  the 
amount  slated  in  the  Tables  if  from  or  to  California  or  Oregon. 

NO. 2.    RATES  OF  POSTAGE  BETWEEN  THE  UNITED  STATES 
AND   THE   NORTH    OF    EUROPE,  Ac. 

In  Pmaian  closed  Mail,  by  United  States  and  Britiih  Packets. 

Kate  30  Cemts  /or  single  Letter  of  ^  oance, being  the  full  payment  from  the  pott 
of  sailing.     Prepaymmt  optional,  cxce/it  vihtre  noticed. 

Altonacity;  Anhalt;  Austria;  Baden;  Bavaria;  Bohemia;  Bremen; 
Brunswick;  Bruckenburgh  ;  Cuxhaven  ;  Darmstadt ;  Frankiort  on  the  Main  ; 
German  Stales:  Hamburgh;  H«iiover;  Hessia;  Hungary;  Holsiein:  Itiily; 
(except  L-iinbardy,  Mixlena,  Tuscany  and  the  Pupal  Stales).(prepaidj;  Keil; 
Sicily;  Lippe:  Lorn  hardy;  Lubec;  Luxem!>erg;  Levant  (prepaid),  Meck- 
lenburif;  do.  Strilitz  ;  Mcininirctt;  Naples. (prepaid),  Nassau;  Neiherbinds  ; 
Oldenburgh  ;  Prussia ;  Placeniia ;  Reuss ;  Sardinia  (prepaid);  Saxe ;  Saxony ; 


132       NEW  RATES  OF  POSTAGE. — FOREIGN. 


Schleswig;  Sicily(prepaid);  Scutari  (prepaid);  Turkey  in  Europe  (prepaid); 
Veniliaa  Slaies  ;   Wallacliia  (prepaid)  ,  Wuneinburg. 

And  to  other  places  cU  the  following  Rates  : 

Berjren.  Norway,  and  Christiana,  48  ;  Corfu,  Crongtadi,  Denmarif,  Finland 
Ionian  Nlaud^s,  Poland,  and  Russia, 37;  Consiuntinople,  Candia,  Dardanelles. 
Galacz,  Giillipoli,  lliraila,  Miiylene,  Rhodes,  Salonira,  Sansum,  Tenedos,  and 
Varn.1,'10;  Geneva,  30;  Parma,  and  Modena,  33  ;  Switzerland,  Papal  Stales, 
and  Tuscany,  35;  Trel)is(nKl,Tiiloza,and  Smyrna, 40;  Sweden,  and  Greece, 48. 

Postage  on  Newspapers,  lo  the  foregoing  places,  6  cents  each. 

NO.  3.    RATES   OF    POSTAGE    BY   THE   BREMEN    LINE. 

Being  the/all  paymfut  to  destination.  —  Prepayment  optional. 
Altona,  Bavaria,  Brunswick,  Hamliurg,  Hanover,  Hungary,  Lombardy, 
Lubee,  Mecklenberg  (both),  Prussia.  Saxony,  15 — Anhall,  Ba(!en,  Basle, 
Bruckenburg,  Cuxhaven,  Frankfort-on-the-Main,  German  Stales,  Hessia, 
Holstein.  Lippe,  Luxemberg,  Levant.  Meiningen,  Nassau,  Boliemin,  Reuss, 
Saxe.  Wiiriemburg,  22  -  Alexandria,  30  (prepaid)  Corfu,  do.  do.,  Malta,  do. 
do.,  VVallachia,  d".  do.  —  Christiana,  Norway,  and  Bersren,  37 — Constant!* 
nople,  Greece,  Sweden,  Italy  (except  L  imbardy  and  Venice),  -33  —  Copen- 
hagen, Denmark,  and  Schleswig,  27  —  Cronstadi,  Finland,  Poland,  and  Russia 
29  —  Geni-va,  Netherlands,  and  Swi'zerland,  25  —  Bremen,  10  —  Reil,  aiid 
Holstfiii,  23 — Oldenburgh,  13.  —  Newspapers  to  the  above  places,  3  cents  — 
prepaid. 

NO.  4.  RATES  OF  POSTAGE  TO  HAVRE  (FRANCE). 

Havre,  (France.)  or  any  other  port  or  place  on  the  coast  of  France,  Ger« 
many,  or  where  the  U.  Stales  sieam  p.ickeis  touch,  the  United  Slates  Postage 
(2U  cents)  is  lo  be  prepaid.  —  Postage  of  Newspapers,  2  cents  —  prepaid. 

NO.  5.  CUBA,  AND  BRITISH  WEST  INDIA  ISLANDS. 
Havana — Antisrua,  Barbadoes.  Bahamas,  Berl)ice,  Cariacou,  Demerara, 
Dominica,  f-'ssiquibo.  Grenada,  Hondura.^,  .lamaica,  Moniserrat,  Nevis.  St. 
Kii«,  St.  Lucia,  St.  Vincent,  Tobag<i,  Tortola,  Trinidad,  and  Turks  Inland. 
Sinsile  letters  III  cents— if  distance  from  mailing  office  does  not  exceed  2,500 
miles;  and  2(1  cents— where  distance  exceeds 2,500  miles — prepaid.  Postage 
of  Newspapers,  2  cents  —  prepaid. 

West  India  Islands  {n(t\  British,)  and  pons  or  points  in  the  Gulf  of  Mexico,  of 
places  on  the  Atlaniic  coast  of  .SbwtA  America^  not  in  British  possession,  34 
cents,  where  (listance  from  mailing  office  does  not  exceed  2,500  miles  ;— and 
44  cents,  where  il  exceeds  2.500  miles.  To  be  prepaid  —  being  the  United 
Si'ites  and  Briiish  Postage.  —  Postage  of  Newspapers.  6  cents  — prepaid  — 
when   sent  from,  and  2  cents   when  received  in,  the  U.  S. 

Southwest  Coast  of  South  America  and  the  followiiigp/acM.  the  U.  Siatesand 
foreiirn  postage  must  be  prepaid,  viz:  Buenaventura,  and  Bogota. 28 cents. — 
Pavta,  l.ambayeque,  Huaiichaco.  Casma,  Huacho,  Callan,  Lima,  Pisco,  Islay, 
Arica,  Iquiqiie,  32  cents. —  Copiap".  Iluasco,  Coquimbo.  Cobija,  La  Pucz, 
Valparaiso,  Guayaquil.  Quito,  and  St.  lago,  48  cent-*.  —  Postage  on  News- 
papers, 8  cents  — prepaid  —  when  sent  from,  and  4  when  received  in  U.  S 

Bui  to  the  lollowing  places  the  postage  is  20  cents  from  mailing  office,  if  dis- 
tance exceeds  2,.M'0  miles,  and  10  cents  wlicn  the  distance  is  less  —  prepay- 
ment required— Me.Tico,  Acapiileo,  fanama.  Nicaragua,  Chagres,  and  JUazattin. 
Postage  of  Newspapers,  U.  S.  only,  2  cents  —  prepaid. 

NO.  6.    PAMPHLETS,    Ac,  TO  GREAT  BRITAIN  AND    IRELAND. 

U.  S.  Postage,  is  2  cents  for  each  pamphlet,  not  exceeding  2  ounces  in 
weight,  and  4  cents  for  each  extra  ounce,  prepiiV/  Snbjcci  lo  the  same  post- 
age in  Great  Britain.  No  pamphlet  can  be  sent  excvetUug  eight  ounces  in 
weight,  and  no  periodical  over  16,  without  being  subject  to  letter  postage. 

Wiii'ii  sent  loor  received  from  foreign  countries,  without  passing  TtiRorcH 
TliK  I'xiTKi)  KivcnoM.  they  will  be  chargeable  with  the  regular  United  States 
niU'.-«,  to  be  prepaid  when  sent,  and  collected  when  received. 

Newspapers  and  Periodicals  to  Foreign  Countries  (particularly  lo  the  Con- 
tiaciiiol  Europe)  must  be  sent  iu  narrow  bauds,  open  at  the  sides  or  euda. 


/    *^ 

li  7  3 


:>        6' 


•  /-^  C  P: 


SO. 


jG- 


/.^J' 
K 


THE 

TRADER'S   GUIDE, 


AND 


CONTAINING 

THE  LAWS  OF  TRADE:   OF  BILLS  OF  EXCHANGE  AND 

NOTES;  OF  CONTRACTS  AND  AGREEMENTS;  THE 

MODE  OF  DOING  BUSINESS  WITH  BANKS; 

AND   THE 

REMEDIES  FOR  THE   RECOVERY  OF  DEBTS 

3n  all  tijc  Biaits  of  tlje  l^nion  : 

DEFENCE     OF    DEBTOR  ; FORMS   OF   AFFIDAVITS,    AND    DEPO- 
SITIONS ; THE   LAW'S  IN    RELATION    TO    TRUSTEE   PROCESS, 

LIMITATION  OF  ACTIONS,  INTEREST,  USURY,  INSOLVENCY, 
PAYMENTS,  ACKNOWLEDGMENT  OF  DEBT,  ARBITRATION  BY 
REFERENCE,  REPLEVIN,  SET-OFF,  TENDER,  LIEN,  GUARAN- 
TEE, GENERAL  AND  SPECIAL  PARTNERSHIPS,  HUSBAND  AND 
WIFE,  AND  THE  SEPARATE  RIGHTS  OF  PROPERTY  OF  MAR- 
RIED  WOMEN,    &C.,    &C. 


Calculated  for  the  Use  of  the  Citizens  of  the  United  States. 


By    I.    R.    BUTTS, 

ASSISTED     BY      AN      ATTORNEY. 

PUBLISHED    BY 

R.BUTTS, No. I   SCHOOL    STREET,   BOSTON. 
H.  LONG  &  BRO.,  121  NASSAU    STREET,  NEW    YORK. 

1856. 


Ml 

RECOMMENDATIONS. 


Letter  from    the    Hon.  Amasa  Walker,  Secretary   or 
State  of  Massachusetts. 

Dear  Sir, — My  attention  has  been  recently  called  to  your  little  work, 
entitled  "Thk  Tbadbb's  GtJiDE."  The  impression  it  has  made  on  my 
mind  is,  that  had  I  been  in  possession  or  such  a  Work,  when  I  was  a  busi- 
ness man,  it  would  have  been  of  great  use  to  me.  I  can  now  see  that  I 
groped  on  blindly,  and  encountered  many  losses  and  embarrassments, 
which  an  acquaintance  with  your  book  would  have  saved  me. 

It  certainly,  I  think,  ought  to  be  in  the  hands  of  every  person  engaged  in 
trade,  and  I  commend  it  to  the  attention  of  all  such.  Clerks  who  wish  to 
qualify  themselves  for  usefulness  to  their  employers,  and  for  success  when 
they  shall  undertake  business  for  themselves,  would,  I  am  sure,  do  well  to 
make  themselves  familiar  with  "The  Tbader's  Guide." 
I  am,  very  respectfully,  your  obedient  servant, 

AMASA  WALKER. 

Letter  from  Capt.  H.  W.  Benheh,  U.  S.  A. 

The  undersigned,  having  examined  the  "  Bdsikess  Man's  Assistant  ') 
and  the  "Tbadeb's  Gcide,"  finds  them  valuable  auxiliaries  in  Business 
Transactions.  They  appear  to  condense  more  informaiion  that  is  useful 
and  important  to  business  men,  than  any  other  book  I  have  ever  met  with. 

H.  W.  BENHEM. 


Entered,  according  to  Act  of  Congress,  in  the  year  1951, 

Bt  L  R.  Botts, 

in  the  Clerk's  office,  of  the  District  Court  of  Massachusetts. 


INDEX 

TO 

THE    TRADER'S    GUIDE 


PART    I. 
LAWS   OF   TBADE. 

FAQB 

Legality  of  Book  Accounts, 7 

When  Day-book  is  competent  evidence, ....>. 7 

How  must  books  be  kept, 7 

Settlement  of  Accounts,  how  can  be  impeached, 8 

Legality  of  Eeceipts, 8 

A  Receipt  not  conclasive  evidence  of  payment, 8 

Forms  of  Beceipts 8 

For  cash  on  account — by  hands  of  a  third  person  —  for  rent — in 
full  of  accounts  —  for  balance  of  accoont — for  deposite  in  bank — 

of  payment  on  bond, 0 

Legality  of  Releases, 8 

What  can  be  released, 9 

Form  of  Belease, 9 

General  Release  for  all  debts,  contracts,  demands,  rents,  cove- 
nants, notes,  &c.,  &c.,  &c 9 

Mode  of  Doing  Easiness  with  Banks, 10 

Advantages  of  having  an  Account  with  Bank, Ifl 

How  to  keep  an  Account  with  Bank, 10 

How  Request  should  be  made  for  Di3Count,and  to  whom, 10 

How  Depogites  of  Bank  Bills  should  be  made, 10' 

What  constitutes  a  Note  Negotiable, 11 

Tlie  safest  and  most  convenient  way  to  Remit  Money, 11 

Certificate  of  Deposite, 11 

Forms  of  Indorsement, 12 

NOTES    AND    BILLS    OF    EXCHANGE. 

1. — Description  of  Bills  and  Notes, 12 

3.— Parties  to  a  Bill  or  Note, 12 

3. — FoBMS  OF  Notes  and  Due  Bills:  —  Note  ontime  — do.  on  de- 
mand—  do.  as  collateral  —  do.  on  instalments — do.  to  ray  own 
order— do.  not  negotiable — do.  joint  and  several  —  do.  with 

power  of  attorney, 13 

Dae  Bills  for  cash  or  goods, 14 

4.— Forms  of  Foreign  and  Inland  Bills  :  —  Foreign  Bill,  —  Inland 

Bill  at  sight  —  do.  on  time, 14 

Laws  respecting  Bills,  Sec  Note, 15 

5. — Requisites  of  a  Bill  or  Note, 16 

6.— Consideration  of  a  Bill  or  Note, 16 

When  can  be  Collected,  though  no  consideration  has  been  given,  17 

When  Consideration  is  Illegal  by  Statute,  or  Usury, 17 

7.— Effect  of  taking  a  Note  after  due, 17 

How  maker  can  have  the  benefit  of  a  set-ofT, 17 


IV  CONTENTS. 

PASS 

8.— Presentment  of  a  Bill  for  Acceptance, 18 

Bills  payable  at  sight,  or  after  sight,  or  af\er  demand,  how  mast 

be  presented,  and  when, 18 

9. — Presentment  for  Acceptance,  by  whom,  where,  and  to  whom  made,  18 

10.— Of  Acceptance,  verbal,  special^  conditional,  or  implied, 20 

11. — Non- Acceptance,  when  notice  is  necessary, 21 

12. — Liability  of  Acceptor, 21 

How  bound,  though  he  accepts  a  forged  bill, 21 

How  bound,  though  he  accepts  a  bill  with  a  larger  amount 

than  that  fixed  by  the  real  drawer, 21 

How  bound,  though  he  accepts  a  bill  without  consideration,.  21 

13. — Acceptance  for  Honor, 21 

How  made, 21 

14. — Of  Indorsements, 23 

How  indorser  may  relieve  himself  from  liability, 23 

Where  there  are  three  or  more  indorsers,  and  the  note  is  paid 

by  one,  how  the  others  are  affected, 23 

15. — Presentment  for  Payment, 24 

When  should  be  presented,  if  no  place  is  mentioned  on  the 
note,  when  the  note  is  dated  in  one  state,  and  the  maker 

resides  in  another, 25 

What  constitutes  a  Demand, 25 

Demand  and  Notice, 26 

16. — What  will  excuse   non-presentment, 26 

How  indorser  may  waive  his  right  of  presentment  and  notice,. .  26 

17. — Presentment  for  Payment  of  Note  on  demand, 27 

When  should  be  presented  iu  order  to  hold  indorsers, 27 

18.— Payment  of  Bill  or  Note. 28 

To  whom  Payment  sliould  be  made,  and  how, 28 

19.— Days  of  Grace 28 

What  constitutes — on  what  notes  and  bills— at  what  hours  must 

payment  of  note  be  demanded, 29 

20. — Notice  to  indorsers, 29 

How  and  to  whom  notice  should  be  given,  and  when 29 

21. — When  want  of  Notice  is  Excused, 31 

22. — Form  of  Notice,  how  should  be  written, 32 

23. — Protest,  when  Necessary, 32 

Forms  of  Notice, 33 

24.— Loss  of   Bill,  or  Note, 34 

How  Payment  can  be  enforced  against  the  acceptor, 35 

25. — Alteration  of  Bill  or  Note,  Forgery, 35 

28. — Liabilities  of  Banks  as  Agents, 36 

Liabilities  of  Holders  of  Checks, 36 

When  Check  should  be  presented  for  Payment — Form  of  Check,  36 
Oamages  on  Protested  Bills  of  Exchange, 37 

In  Maine  New  Hampshire,  Vermont,  Massachusetts,  Connecticut,.  37 
New   York,   New  Jersey,    Pennsylvania,    Delaware,    Maryland, 

Virginia,  North  Carolina,  South  Carolina,  Georgia,  Alabama,    38  39 
Florida,  Mississippi,  Louisiana,  Tennessee,  Kentucky,  Ohio,  Indi- 
ana, Illinois,  Missouri,  Michigan,  Arkansas,  Wisconsin,  Iowa, 

California,  Canada.  District  Columbiaj 39  40 

UBUry :  —  General  Principles  of,  —  cases  cited, 40 

LAW   OF    CONTRACTS. 

1, — Definition  of  a  Contract, 42 

Who  are  capable  of  entering  into  Contracts 42 

2.— Of  !?imple  Con  acts, 43 

3.— Of  Written  Contracts, 44 

When  Contract  is  not  binding  unless  written, 44 

Persons  not  liable  by  reason  of  any  representation  or  recommen- 
dation conce  ningthecharacter,  ability,  or  credit  of  any  person,  45 

Contracts  must  be  founded  on  some  Consideration, 46 

Promise  to  pay  the  Debt  of  Another,  when  binding, 47 

4. — Verbal  Contracts 49 

6.— Express  Contracts, SO 


CONTENTS. 


VAes 

6 — Implied  Contracts, 61 

When  gileiice  may  be  construed  into  an  agreement, 51 

7. — Sale  and  Conveyance  of  Estates, fi3 

8. — Purchase,  i^ale,  and  Delivery  of  Goods, •!>•  53 

9. — Warrajiiy  ol  Goods, 66 

10.— Sale  of  Horses, 67 

II. —  Hiring  and   Borruwnig, 58 

12.— Bill  of  Sale,  if  Goods  are  retained,  is  Evidence  of  Fraud, 58 

13. — Avoidance  of  Contract, 59 

UUaining  Goods  by  False  Pretences 60 

14.— Precautions  to  be  observed  in  entering  into  Contracts 60 

Payment,  When  can  be  Demanded, 6l 

Interest,  When  it  can  be  Claimed, 61 

Manner  of  Computing  Interest  on  Notes  where  Partial  Payments 

have  been  made 63 

Limitation  of  Actioni, 63 

1.— Times  within  which  Debts  can  be  Collected, 64 

2.— Excepiion  of  open  and  mutual  Accounts, 64 

3. — Case  of  a  Defendant  out  of  the  Stale, 64 

4.— Acknowledgment,  or  New  Promise,  when  must  be  in  writing,  64 

6.— F.ffecis  of  Part  Payment, 65 

6. —  When  Actions  can  he  brought  on  Sealed  Contracts,  tec.  &c.  65 
7. — Notes  and  Bills  of  Exchange,  when  Statute  begins  to  operate,  65 

Tni8tee  Process  -  Garnishee  Process, 65 

Who  Liable  to  be  .-Summoned  as  Trustee,  and  what  Property  is, 

and  IS  not.  Attachable  by  this  Process, 65 

Proceedings  in  the  Case 66 


PART    II. 
REMEDIES  FOB  THE  BECOVEET  OF  DEBTS. 

Commencement  of  a  Suit  at  Law, 67 

UnluwtuI   Atluchment  and   Arrest, 68 

Li8l)ilities  of  Attorneys  to  their  Clients, 69 

Linbiliiies  of  Sheriffs. 69 

Remedies  of  the  Creditor, 69 

MOOES    OF    COLLECTING    DEBTS    IN 

The  different  States,  (compiled  from  the  Statutes. )  by  aitachment  and  at' 

Teat, —  How  a  Resident  in  one  Slate  can  collect  a  Debt  owing  him 

lu  another  ;  how  and  when  Real  Estate,  taken  on  ezeca- 

lion  can  be  redeemed  ;  Homesteads  and  Articles 

exempted  by  law  irom  Attachment,  &c. 

PAGE  PAGX 

Maine, 70 

New  Hampshire, 71 

Vermont, Ti 

Massachusetts, 73 

Rhode  Island 75 

Conneciicui, 76 

New  York , 77 

New  Jersey, 81 

Pninsyivania, ^ 

Delaware, 83 

Mar^'luiid, 84 

Virginia, !;5 

Noilh  Carolina, 88 

South  Carolina, 87 

Georgia, 87 

Alabama 88 


Mississippi, 

Louisiana, 90 

Tennessee, 91 

Kentucky, 93 

Ohio, 99 

Indiana, 93 

Illinois, 94 

Missouri, 95 

Michigan, 96 

Arkansas, 97 

Disirici  of  Columbia, 98 

Florida 88 

Wisconsin, 99 

Iowa, 100 

Texas, 100 

California, 101 

Defence  of  the  Debtor, 103 

TG  1* 


VI  CONTENTS- 

PART    III. 
COMMERCIAL  AND  DOMESTIC  LAWS. 

Affidavits, 103 

Affidavit  of  a  Demand  against  a  Non-Resident  Debtor, 103 

'*       for  Goods  Sold  and  Delivered, U>4 

Affidavit  for  Goods  Sold  and  Delivered  by  a  Clerk, 104 

*'        for  Varioas  Otiier  Purposes, 104 

Depositions, io4 

Taken  under  a  Commission 104 

Insolvency 105 

General  Rules  to  be  observed  in, 105 

Acknowledgment  of  Debt, 106 

Forms   of,  and  General  Directions 106 

Arbitration  by  Beference, 108 

Forms  of,  and  Directions  for  Referees, 103 

Eeplevin, i08 

How  can  be  Executed, 108 

Off-Set  or   Set-off, 109 

How  one  Demand  can  be  made   to  off-set  another, 109 

When  must  Demand  have  existed  to  allow  of  its  being  set-off, 109 

What  effect  assignment  of  demand  has  against  a  set-off, 109 

Maker  of  a  Note  can  avail  himself  of  off-sets  against  the  promisee,  109 

How  is  defendant  entitled  to  a  set-off, 109 

What  course  should  defendant  pursue  when  he  has  a  claim  against 
the  party  suing  him, 109 

Tender, 109 

How  and  in  what  money  it  should  be  made, .....109 

In  what  manner  tender  should  be  made, 110 

How  tender  should  be  presented, 110 

General  Lien, no 

Under  what  circumstances  Property  can  be  held, 110 

Guarantee ill 

For  a  single  object,  or  conlinuous, lit 

General  Partnership, 112 

What  constitutes  a  Partnership, 112 

Lien  of  Partner  for  money  advanced, 112 

Liability  of  Partners, 112 

How  Partner  can  be  released  from  liability 112 

What  share  in  the  business  I  he  shareholdeV  has  as  a  general  Partner,  112 
Liability  of  Partners  for  money  borrowed,  to  be  used,  or  not,  for 

the  firm, 112 

How  Partnership  can  be  dissolved,  and  what  Notice  is  necessary,.  .112 
Limited  ( or  Special )  Partnership, 113 

Directions  frir  Forming,  Liabilities  and  Benefits  of, 113 

How  Capital  shall  be  contributed  by  Special  Partner, 113 

Liability  of  Special  Panner  if  Certificate  contains  a  false  statement,  113 

Letters  of  Credit;   Forms  of, 114 

Husband  and  Wife; 114 

Husband's  Interest  in  Wife's  Personal   F.state, 114 

"  "  in  Debts  due  the  Wife, 114 

««  «'  in  Wife's  Real   Estate 115 

"  Liability  for  Wife's  Debts  before  Marriage, 116 

«'  "  to  Maintain  his  Wife 115 

Dower  of  the  Wife  in  Husband's  Real   Estate, 115 

How  Wife's  Rieht  to  Dower  may  be  Barred, 116 

Marriages  may  be  Dissolved  by  Divorce,  or  Annulled  by  Fraud, ..116 
Powers  of  the  Husband, 116 

The  Separate  Sights  of  Property  of  Married  Women, 

As  Altered  by  late  Legislatures  in  various  Slates, 117 

Compensation  of  Attorneys  at  Law, 119 


PART  1. 
LAWS   OF    TRADE. 


LEQALITY  OF  BOOK  ACCOUNTS. 

In  most  of  the  States  the  original  entries  in  shop 
books,  are  competent  evidence,  with  the  oath  of  the 
party,  to  prove  the  items  charged.*  In  some  states  the 
oath  of  the  clerk  who  made  the  entry,  is  also  required. 

If  the  books,  on  being  submitted  to  the  inspection  of 
the  court,  do  not  appear  to  contain  the  first  entries,  or 
charges,  made  at  or  near  the  time  of  the  transactions 
to  be  proved,  and  to  have  been  honestly  and  fairly  kept, 
without  erasures,  or  interlineations,  they  are  excluded. 

Where  entries  were  first  made  on  a  slate,  or  cart, 
and  immediately  afterwards  transferred  into  a  book, 
kept  in  the  leger  form,  such  book  has  been  admitted 
as  competent  evidence  to  prove  the  charges ;  though 
regard  must  be  had  to  the  education  of  the  party,  and 
the  nature  of  his  employment. 

An  account,  purporting  to  be  drawn  out  by  the  party 
himself  from  his  original  and  daily  minutes,  is  not  ad- 
missible in  evidence,  though  the  book  containing  such 
statement  should  be  accidentally  destroyed  ;  unless  it 
could  be  proved  that  the  items  of  the  amount  drawn 
out  had  actually  existed  in  the  party's  books. 

If  the  party  is  dead,  the  books  may  be  offered  by 
the  executor  or  administrator,  he  making  oath  that  they 
came  to  his  hands  as  the  genuine  and  only  books  of 
account  of  the  deceased ;  with  proof  of  the  party's 
handwriting. 

If  the  clerk  who  made  the  entries  is  dead  or  in.<!ane, 
the  book  is  admissible  upon  proving  his  handwriting. 

•  The  following  States  admit  bnili  entry  and  oath  : —  Maine  ;  Massaoha- 
letts,  (CasA  chsir^'i!  of  ^6.66  is  allowed);  Connecticut  j  New  Hampshire; 
Illinois;  Peniisylvania  ;  Souili  Carolina  ;  North  Carolina,  (where  demand 
does  not  exceed  SCO  ) ;  Delaware;  Maryland,  (where  demand  does  not 
exceed  i»28  W) ;  Tennessee  ;  Ohio,  (if  not  more  lliaii  18  months'  staiidnig) ; 
Rhode  Island:  Vermont;  Wisconsin 

Evidence  of  the  i>rignial  entry,  and  proof  of  delivery  of  goods  is  only  re- 
quired in  New  York,  New  Jersey  Georgia,  Ac.    [See  pages  63,  70-101. J 


8  LEGALITY    OF    RECEIPTS. 

When  the  day-book  contains  marks  which  show  that 
the  items  have  been  transferred  to  a  leger,  the  leger 
must  be  produced. 

Settlement  op  Accounts. — It  is  usual  to  prefix 
the  initials  E.  &-  O.  E.  (for  errors  and  omissions  ex- 
cepted) to  the  signature  to  accounts ;  but  the  omission 
of  those  letters  forms  no  bar  to  the  subsequent  correc- 
tion of  errors.  The  settlement  and  discharge  of  an 
account  is  no  bar  to  a  claim  for  any  other  demand, 
not  included  in  the  settled  account.  It  may  be  im- 
peached by  proof  of  unfairness,  mistake,  or  fraud. 

LEGALITY    OP    RECEIPTS. 

A  RECEIPT  is  not  conclusive  evidence  against  the 
party  signing,  but,  like  all  other  cases  of  presumption, 
is  liable  to  be  rebutted. 

When  a  receipt  is  given  for  money  paid  on  a  bond, 
or  contract,  the  amount  should  be  indorsed  on  the 
bond. 

A  receipt  in  "  full  of  all  demands "  is  conclusive 
evidence,  when  given  under  a  knowledge  of  all  the 
circumstances  between  the  parties;  but  is  not  so,  when 
given  without  such  knowledge  ;  and  may  be  avoided 
by  the  party  signing  it,  showing  a  mistake,  or  error 
therein,  or  that  it  was  given  under  misrepresentation. 

FORMS    OF    RECEIPTS. 

New  York,  Jan.  1, 1852.  Received  of  Messrs.  Johnson  dt  Ward 
five  hundred  dollars,  on  account. 

;J500.  John  S.  Williams. 

New  Bedford,  Jan.  1,  1852.  Received  of  Horace  Whkeler, 
by  the  hand  of  John  Hobbs,  twenty-five  dollars,  for  books  sold  and 
delivered  to  said  Wheeler. 

Thomas  S.  Wales. 

New  York,  Jan.  1,185Z.  Received  of  Peter  Laurie,  one  hun- 
dred dollars,  being  one  quarter's  rent  due  this  dav,  for  my  dv^elling 
bouse,  r<o.  12  State  Street,  now  occupied  by  said  Laurie. 

;glOO.  Abraham  Hews. 

PhiLtdelphia,  Jan.  i,  1832.  Received  of  James  Warren  three 
hundred  dollars  in  full  of  account  to  date. 

;g300.  James  Madison. 

Baltimore,  Jan.  1, 1852.  Received  of  John  Barnes  two  hundred 
dollars,  in  full  for  balance  due  on  account. 

;J200.  John  Lincoln. 


LEGALITY   OP   RELEASES.  9 

Boston,  Jan.  1, 1852.    John  L.  Lincoln  has  this  day  depusited  in 
this  Baukjto  his  credit,  five  hundred  dollars. 
Traders  Bank,  Dec.  31,  1852. 
5500.  Jekemiah  Gorx,  Cashier. 

Boston,  Jan.  1,  1852.  Received  of  1.  R.  Butts,  one  hundred  dol- 
lars, which  amount  I  promise  to  endorse  on  said  Butts'  note  for  five 
hundred  and  sixty-four  dollars,  dated  January  1,  1852,  and  payable  to 
me  or  order,  on  demand,  with  interest,  on  surrender  to  me  of  this 
receipt — said  endorsement  to  be  as  of  this  date. 

5100.  John  Brown. 

LEGALITY    OF    BTTTiTIASES. 

A  RELEASE  is  an  instrument  under  seal,  whereby  a 
person  discharges  the  right,  or  action  he  has,  or  may 
claim,  against  another,  or  his  lands,  &c.  They  are  of 
two  kinds,  viz  :  First,  a  release  of  lands,  goods  and 
chattels:  Second,  a  release  of  action,  whether  real, 
personal  or  mixed. 

If  two  persons  are  jointly  bound,  a  release  to  one 
will  discharge  the  other.  A  release  from  the  landlord 
to  one  joint  tenant  extends  to  both.  If  two  commit 
a  trespass,  the  release  to  one  trespasser  will  discharge 
the  other. 

A  release  of  all  demands  or  claims  is  the  most  effec- 
tual release  of  all,  as  it  will  fully  discharge  all  sorts  of 
actions,  appeals,  rights  of  entry  into  lands,  titles,  condi- 
tions, covenants,  rents,  debts,  duties,  bills  of  exchange 
and  promissory  notes,  contracts,  bonds,  and  legacies 
before  or  after  due,  &c.  &.c. 

A  General  Form  of  Release  from  one  to  Another.* 

Know  all  Men  by  these  presents.  That  I,  A.  B.  of , in  the 

county  of ,  for  and  in  consideration  of dollars  to  me  paid  by  C. 

U.  of the  receipt  whereof  1  do  hereby  acknowledge,  do  for  myself, 

my  heirs,  executors,  administrators  and  assigns,  remise,  release,  and 
forever  discharge  the  said  C.  D.  his  heirs,  executors  and  administra- 
tors, of  and  from  all  debts,  demands,  actions  and  causes  of  action, 
which  I  now  have,  in  law  or  equity,  or  which  may  result  from  the 
existing  state  of  things  from  any  and  all  contracts,  liabilities,  doings 
and  omissions,  from  the  beginning  of  the  world  to  this  day. 

In  witness  whereof,  I  have  hereto  set  my  hand  and  seal,  the day 

of A.  D.  18—. 

Inpresenee  of  A.  B.        (L  •.) 

Short  Form  of  Release. 

Boston,  Jan.  1, 1852.  I  A.  B.,  do  hereby  release  C.  U.,  from  alt 
notes,  accounts,  debts,  dues,  or  demands  of  any  name  or  nature  I  have 
or  can  claim  against  him.    In  witness  whereof,  I  have,  Slc. 

In  presence  of  A.  B.        (L.  8.) 

•  Soe  "Biuiness  Man's  Assistant,"  for  other  forms  of  Releases. 


10  MODE   OF  DOING   BUSINESS  WITH   BANKS. 

MODE   OF  DOINQ  BUSINESS  WITH   BANKS. 

EvERv  person  doing  business  would  find  it  to  his  ad- 
vantage to  keep  an  account  with  some  Bank. 

Ist.  Because  his  money  will  be  lodged  in  a  place  of 
security."  2d.  He  will  save  time,  for  when  he  receives 
money  he  can  deposite  it  in  bank,  and  when  he  pays  it 
away  he  can  draw  checks  for  the  amount.  3d.  By 
depositing  small  sums  he  enables  the  bank  to  render 
facilities  in  the  way  of  discounts,  of  larger  amount 
than  any  one  person  could  command  by  hoarding  his 
funds  instead  of  banking  them.  4th.  He  can  leave  his 
notes  with  the  bank  for  collection,  and  thus  be  relieved 
from  the  anxiety  of  giving  notice  to  indorsers.  5th. 
He  Can  make  his  own  notes  and  bills  payable  at  his 
own  bank.  6th.  In  counting  money,  he  runs  some 
risk  of  making  an  error,  which  he  avoids  when  he 
draws  a  check  ;  or,  at  least,  if  an  error  occur,  it  can 
be  easily  rectified  when  his  checks  are  returned  at 
the  close  of  the  month ;  for  they  show  at  once  the 
amount  paid  ;  and  his  check-book,  if  correctly  kept, 
shows  to  whom  paid ;  or  his  check  may  be  so  written 
as  to  show  of  itself 

When  a  person  opens  an  account  with  a  bank,  he 
receives  a  small  account  book,  called  a  Deposite-book  ; 
but  he  should  not  depend  entirely  on  this  book,  but 
keep  an  account  of  his  deposites  and  receipts  in  his 
own  check-book.  This  Deposite-book  he  should  send 
to  the  bank,  not  only  when  he  makes  a  deposite,  but 
also  at  the  close  of  each  month,  to  be  balanced. 

The  depositor  should  never  overdraw ;  but  if  he  ex- 
pects accommodations,  he  will  find  that  keeping  a  rea- 
sonable balance  in  bank  will  speak  volumes  in  his  favor. 
When  he  offers  a  note  or  bill  for  discount,  the  request 
should  be  made  in  writing,  and  contain  the  names  of 
promiser  and  indorsers,  (with  their  peaces  of  residence, 
if  not  stated  in  the  note)  amount  due  on  note,  and  the 
time  it  has  to  run.  This  memorandum  should  be  ad- 
dressed to  the  Cashier,  and  is  usually  left  with  the  dis- 
count clerk.  When  a  note  is  discounted,  the  interest, 
for  the  time  the  note  has  to  run,  with  three  days' 
grace,  is  taken  in  advance. 


MODE   OF  DOING  BUSINESS  WITH  BANKS.  11 

When  a  person  makes  a  deposite  of  bank  bills,  he 
should  enclose  the  country  bills  in  an  envelope,  with  the 
name  of  the  depositor,  foreign,  and  amount,  written 
thereon ;  but  the  city  bills  may  be  presented  loose.  He 
will  also  write  the  name  of  the  depositor,  date,  and 
character  of  the  deposite,  on  a  slip  of  paper,  as  follows : 

Deposited  in  the  Traders  Bank, —  Bt  I.  R.  Bates. 

Boston,  February  22, 1855. 

Boston, 

Foreign, ~ 

Specie, *>  ' 

Check,  qf  A.B. 

"        qf  CD.,   .    .    .    . 

S700 

This  he  gives  to  the  teller  to  be  filed.     This  course 

saves  lime  and  prevents  mistakes.     (The  above  rule  is 

peculiar  to  the  Boston  banks,  and  towns  in  the  vicinity.) 

When  a  draft  is  sent  to  a  distant  place  for  acceptance, 
notice  should  be  sent  to  the  person  on  whom  it  is 
drawn,  so  as  to  precede  its  arrival. 

When  money  is  to  be  transmitted  by  mail  to  a  dis- 
tant place,  it  would  be  safer  and  more  convenient  to 
send  a  draft,  check,  or  certificate  of  deposite.  Suppose 
that  H.  Long  &  Bro.,  of  New  York,  owe  8100  to  I.  R. 
Bates,  of  Boston  ;  they  procure  a  draft,  or  check,  of  some 
bank,  or  broker,  of  New  York,  upon  a  bank,  or  bro- 
ker, in  Boston,  payable  to  I.  R.  Bates,  or  orrfcr.  This 
draft  they  enclose  in  an  envelope,  directed  to  I.  R. 
Bates,  who,  upon  receiving  it,  indorses  it  and  collects 
the  money.  It  is  safer  to  send  a  draft,  or  check,  than 
bank  bills  ;  for  should  the  draft  be  lost  or  stolen,  it 
cannot  be  collected  until  the  person  to  whom  it  is 
made  payable  has  indorsed  it ;  and  the  only  trouble 
would  be  to  procure  another  draft,  or  check.  So,  if 
the  person  to  whom  it  was  sent  should  deny  having  re- 
ceived it,  the  books  of  the  bank,  or  broker,  would  be 
evidence  of  the  payment  of  the  money. 

CERTIFICATE    OF    DEPOSITE. 

5100.  Tradesmans  Bank.  No.  20. 

Nero  York,  February  ^,\Q5\. 
H.  Long  4"  Brother  have  this  day  deposited  in  this  Bank,  one  hun- 
dred dollars,  to  the  credit,  and  Bubject  to  the  order  of,  /.  K.  Bates, 
on  return  of  this  Certificate.  John  Bankxr,  Cashier. 


12  NOTES   AND   BILLS   OF   EXCHANGE. 


FORMS    OF    INDORSEMENT. 

1.    Indorsement  in  blank,  —  by  drawer  or  payee  : 

"John  Williams." 

2.    Indorsement  without  recourse,  or,  where  the  Indorser  would  avoid 

all  liability; 

"John  Williams — without  recourse." 

3.    Indorsement  in  favor  of  a  particular  person : 
"  Pay  to  IVtn.  Little, —  John  Williams." 

4.    Indorsement  of  an  Agent: 
"At  Agent  of  Wm.  Little,  —  John  Williams." 

6,    Indorsement  in  favor  of  the  Indorseri 
"  Pay  Messrs.  Adams  Sf  Co.,  for  my  account,  —  John  Williams." 

6.     Special  Indorsement : 

"  Pay  to  the  order  of  John  K.  Hall,  Esq.,  Cashier  of  the  Bank  of  North 

America,  —  John  Williams." 

NOTSS    AND    BILLS. 


I. DESCRIPTION    OF  A  BILL    OF    EXCHANGE   AND    NOTE. 

A  Bill  of  Exchange  is  a  written  order  or  request, 
and  a  Promissory  Note  a  written  promise,  by  one  per- 
son to  another,  for  the  payment  of  money,  absolutely, 
and  at  all  events.  No  set  form  of  words  is  required.  A 
promise  to  deliver,  or  to  be  accountable,  or  to  be 
responsible  for  so  much  money,  is  a  good  bill  or  note ; 
but  it  must  be  exclusively  and  absolutely  for  the  pay- 
ment of  money 

II. PARTIES    TO    A    BILL    OR    NOTE. 

A.  who  makes  a  bill  is  called  the  "  drawer ;"  B. 
to  whom  it  is  addressed,  the  "  drawee,"  and  C.  in 
whose  favor  it  is  made,  the  "payee."  If  the  drawee 
accept  the  bill,  he  is  termed  the  "acceptor ;"  when 
a  bill  is  indorsed,  the  person  indorsing  is  called  the 
"  indorser,"  the  person  to  whom  it  is  indorsed  the 
"  indorsee." 

The  person  who  makes  a  note  is  called  the  "maker," 
and  the  person  to  whom  it  is  payable,  the  "payee;" 
and  the  terms  "  indorser,"  and  "  indorsee,"  are  used 
as  in  bills. 


FOEMS  OF  NOTES  AND  DUE  BILLS.        13 
III. — FORMS  OF  NOTES  AND  DUE  BILLS. 

The  following  are  the  usual  forms  of  Negotiable 
Promissory  Notes. 
J700.  Portland,  Jan.  1,  1856. 

Six  mouths  aflerdate,  I  promise  to  pay  John  Sands,  or  order,  seTeu 
hundred  dollars,  at  the  Traders  Bank,  Boston,  value  received. 

Peter  Hobbs. 

5300,  Cincinnati,  Jan.  1,  1856. 

On  demand,  I  promise  to  pay  William  Hockie,  or  order,  thre« 
hondred  dollars,  with  interest,  value  received. 

Jamxs  Lewis. 

Bills  and  notes  containing  a  memorandum  of  the 
deposit  of  collateral   security,  such   as  a  deposit  of 
stocks,  &.C.,  are  valid. 
jfGOO.  Boston,  Jan.  1. 1&56.  i 

Thirty  days  aAcr  date,  I  promise  to  pay  I.  R.  Mears,  or  order,  six 
hundred  dollars, for  value  received:  I  having  deposited  with  him  as 
collateral  security,  (with  authority  to  sell  the  same  on  the  non-perfbrm- 
ance  of  this  promise,)  seven  shares  of  the  stock  of  the  Traders  Bank, 
in  Boston. 

— -  Jahks  Thomas.  ■ 

Bills  of  exchange  and  notes  of  hand  payable  by  in- 
stalments, are  valid  ;  and  suit  may  be  commenced  on 
failure  of  the  first  payment. 
5800.  Portrmouth  Jan.  1, 1856. 

Value  received  I  promise  to  pay  to  the  order  of  John  Ward,  eight 
hundred  dollars  as  follows:  —  two  hundred  dollars  in  six  months;  two 
hundred  dollars  in  nine  months;  four  hundred  dollars  in  twelve  months 
from  the  date  hereof,  with  interest  on  all  said  sums. 

Andrew  Johnsoit. 

A  note  of  hand  payable  to  the  drawer's  own  order, 
is  made  negotiable  by  his  endorsement. 

5200.  Portland,  Jan  1,1856.   . 

Three  months  aflcr  date  I  promise  to  pay  to  my  own  order  two 
hondred  dollars,  value  received. 

I.  R.  BOTTS. 

Bills  of  exchange  or  notes  of  hand  which  are  not 
negotiable  (not  being  payable  to  order  or  bearer)  are 
perfectly  valid  between  the  original  parties. 

5100.  New  York,  Jan.  1,  1856. 

Four  months  from  date  1  promise  to  pay  Messrs.  H.  Lohq  6t, 
Brother,  one  hundred  dollars,  value  received.  , 

HxNRT  Williams. 
TO  2 


14  DUE   BILLS. — FOREIGN  AND   INLAND   BILLS. 

A  note  beginning  "I  promise  to  pay,"  and  signed  by 
two  or  more  persons,  is  a  several  as  well  as  a  joint  note, 
and  the  parties  may  be  sued  jointly  or  separately ;  so, 
if  the  note  begin,  "  We  jointly  and  severally  promise  to 
pay,"  but  when  a  promissory  note  is  made  by  several, 
thus,  "  We  promise  to  pay,"  it  is  a  joint  note  only. 

S^OO.  Boston,  Jan.  1, 1856. 

For  value  received,  we  promise  to  pay  John  Williams,  or  bearer, 
five  hundred  dollars,  on  demand,  with  interest. 

Horace  Manit, 
John  Stubbs. 

Note — with  Power  of  Attorney. 

5500.  Cincinnati,  Jan.  i,  1856. 

Ninetjr  days  after  date  I  promise  to  pay  to  the  order  of  Thomas 
Root,  fire  hundred  dollars  with  interest,  value  received.  And  in  case 
of  default  of  my  payment  of  the  principal  and  interest  aforesaid,  with 
punctuality,  I  hereby  empower  Thomas  Root,  or  any  Attorney  at 
Law  to  be  appointed  by  him,  to  appear  for  me.  and  in  my  name  con- 
fess judnnent  before  any  Court  of  eompetent  jurisdiclinn  in  the  State 

of ,Tor  the  above  sum,  interest,  and  costs,  with  release  of  errorSyi 

waiving  the  right  of  appeal. 

Witness  my  hand  and  seal  this  first  day  of  January,  A.  D.  1856. 

Attest,  C.  D.  Charles  Hope,  (l,  s.) 

DDE    BILLS.      4, 

New  York,  Jan.  1 ,  1856.  Due  on  demand,  to  1.  R.  Butts,  one 
hundred  dollars,  value  received. 

Thomas  Ford. 

Bo«/on,  ./an.  1,1856. 
Borrowed  and  received  of  John  Brown,  two  hundred  dollars,  which 
I  promise  to  pay  to  him,  or  order,  on  demand,  with  interest. 

James  Lono^ 


Due  on  demand,  to  William  Ropes,  or  bearer,  two  hundred  dol- 
lars, to  be  paid  in  goods,*  Jan.  1,  1856,  value  received. 

James  Lorino. 

IV.-— FORMS    OF    FOREIGN    AND    INLAND    BILLS. 

Foreign  bills  are  drawn  in  sets ;  that  is,  copies  of 
the  bills  are  made  on  separate  pieces  of  paper,  each 
part  containing  a  condition  that  it  shall  continue  paya- 
ble only  as  long  as  the  others  remain  unpaid. 

•  From  my  store,  or  else  specify  what  kind  of  goods,  and  say  at  cash 
pricM,  or  otherwise.  '"    '       "   ;  i     ^       . 


REQUISITES   OF  A   BILL   OR   NOTE.  16 

Foreign  Bill. 
Exchange  for  £600.  New  Vork,  Jan.  1, 1856. 

Twenty  days  after  sight  of  this^rst  of  exchange,  {second  and  third 
of  the  same  tenor  and  date  unpaid)  pay  to  the  order  of  James 
Hkath,  in  London,  five  hundred  pounds  sterling,  value  received,  and 
charge  the  same  to  account  of  William  Smith. 

To  Messrs.  Bates,  Baring  &  Co.,  London. 

Inland  Bill. 
5400.  Boston,  Jan.'l,  1865. 

At  sight,  pay  to  the  order  of  John  Wilder  four  hundred  dollars, 
value  received,  and  charge  the  same  to  account  of  yours,  <ic. 

John  Screw. 
To  Mr.  Johw  Hobbs,  New  Orleant, 

5300.  New  Yurk,  Jan.  1, 1856. 

Sixty  days  after  dale,  pay  to  the  order  of  Horace  Ticknor,  three 
hundred  dollars,  value  received,  and  charge  the  same  to  our  account. 

Mears  &  Bliss, 

To  Mr.  William  Williams,  Boston. 

5200.  New  Orleans,  Jan.  1, 1856. 

Ninety  days  after  date,  pay  to  the  order  of  Jeremiah  Gore,  Esq., 
at  the  Traders  Bank,  Boston,  Mass.,  two  hundred  dollars,  value  re- 
ceived, and  charge  the  same  to  the  account  of  John  Dempster,  Esq., 
aa  per  advice— or,  without  further  advice. 

Jones  &  Wheeler. 

To  Messrs.  Hartt  &.  Weems,  Boston,  Mass. 

tfote.— In  Pennsylvania  all  Bills  of  Exchange,  Promissory  Notes,  Due 
Bills,  or  any  other  instrument  in  the  nature  thereof,  must  contam  the 
names  of  the  places  of  business  or  residoiices  of  all  the  parties ;  and  when 
such  places  of  business  or  residences  are  omitted,  demand  of  acceptance, 
protest,  tec,  may  be  given  at  any  lime  before  maturity,  as  well  as  protest 
and  non-payment  of  the  same  after  maturity.  In  all  such  cases  of  omis- 
sions, such  Notes,  &.C.,  shall  be  held  to  be  payable  and  proiestable  at  the 
place  where  they  are  deposited  for  collection,  and  Bills  of  Exchange, 
Drafts,  Cheeks  or  oiber  securities  shall  be  held  to  be  payable  and  protesta- 
ble  at  the  place  where  they  are  addressed  to  the  drawer. — Law  of  Penn- 
sylvania, 1849.  Notes  bearing  date  in  the  city  or  county  of  Philadelphia, 
must  rontain  the  words  "  without  df/alcation,  or  set-off'" 

In  Mifsouri,  Noies,  which  express  on  their  face  to  be  for  "  value  received, 
negutiuble  and  payable  without  defalcation,"  are  rendered  negotiable  in 
like  manner  as  niland  bills  of  exrhan<;e. 

In  Indiana,  notes  are  written  "  without  any  relief  whatever  from  valua- 
tion or  npprnisemeni  law^." 

In  Ohio,  a  Promissory  note  payable  to  a  person,  or  bearer,  is  negotiable 
by  delivery,  without  endorsement.  The  mere  endorsement  upon  a  note 
of  a  stranger's  name  in  blank,  is  prima  facie  evidence  of  ^aranty.  To 
charge  such  a  person  as  maker,  there  must  be  proof  that  bis  endorsement 
was  made  at  the  lime  of  the  execution  by  the  other  party  :  or,  if  aAerwards 
that  it  was  in  pursuance  of  an  agreement  or  intention,  tnat  he  should  be- 
come responsible  from  the  dale  of  the  execution,  whicn  intention  may  be 
proved  hy  parol  evidence. 

If  a  Promissory  Note  be  signed  by  one  of  the  partners  on  a  contract,  on 
account  of  the  Grm,  in  this  form,  A-  B.  for  A.  B.  &  Co.,— the  firm  will  be  liable 

A  memorandum  written  on  a  Note,  in  these  words,  "  for  value  received 
I  herebv  acknow'cdge  this  Note  to  be  due,  and  promise  to  pay  the  same  on 
demand,"  and  signed  in  the  presence  of  an  attesting  witness,  prevents  th« 
operation  of  the  statute  of  limitations. 


161               CONSIDERATION    OF   A    BILL    OR   NOTE. 
V. REQUISITES    OP    A    BILL    OR    NOTE. 

The  two  principal  requisites  to  a  good  bill  are,  first, 
that  it  be  payable  at  all  events,  not  dependent  on  any 
contingency,  nor  payable  out  of  a  particular  fund ;  and, 
secondly,  that  it  be  for  the  payment  of  money  only,  and 
not  for  the  payment  of  money  and  the  performance  of 
some  other  act,  as  the  delivery  of  a  horse,  or  the  like.* 

If,  however,  the  event  on  which  the  payment  is  to 
depend  must  inevitably  happen,  it  is  of  no  importance 
how  long  the  payment  is  deferred.  Therefore,  if  a  bill 
be  drawn,  payable  six  weeks  after  the  death  of  the 
drawer's  father,  it  is  valid  and  negotiable. 

The  date  of  a  bill  ought  to  be  clearly  expressed,  in 
words.  But  the  date  is  not  essential  to  the  validity 
of  the  bill ;  for,  when  the  date  has  been  omitted,  it  will 
be  intended  to  bear  date  on  the  day  when  it  was  made. 

The  negotiability  of  a  bill  depends  on  the  insertion 
of  sufficient  operative  words  of  transfer.  The  modes 
of  making  a  bill  transferable  are  by  making  it  payable 
to  A  or  order,  or  to  A  or  bearer,  or  to  Nearer  generally. 

VI. CONSIDERATION    OP    A   BILL    OR    NOTE. 

It  is  usual  to  insert  the  words  value  received,  in  a  bill 
or  note.  Banks  do  not  consider  a  note  negotiable  un- 
less it  contains  the  words  value  received. 

In  the  case  of  negotiable  notes,  and  bills  of  exchange, 
(he  law  always  presumes  them  to  be  founded  upon  a 
valid  consideration,  and  no  proof  of  a  consideration  is 
required.  As  between  the  immediate  parties  to  a  bill 
or  note,  the  consideration  may,  however,  be  always 
inquired  into. 

Thus,  in  an  action  by  the  drawer  against  the  accep- 
tor, or  by  the  payee  against  the  maker,  the  acceptor  or 
the  maker  may  show  that  the  bill  was  accepted,  or  the 


*An  agreement  in  writing,  by  whicli  the  subscriber  to  it  promised  to  pay 
another  a  sum  of  money  on  demand,  with  interest,  ami  added, "  l)ut  no 
demand  is  to  be  made  as  long  as  the  interest  is  paid,"  is  not  a  Note. 

A  memorandum  at  the  foot  of  a  Promissory  Note,  in  these  words,  "  I  do 
hereby  obligate  myself  that  the  above  Note  shall  be  paid  in  three  years  from 
the  4th  day  of  June,  1850,"  made  in  consideration  that  ihe  payee  M'ill  delay 
the  payment  until  two  years  after  the  maturity  of  the  note,  is  an  orit^nal 
agreement,  and  demand  and  notice  is  not  necessary  to  charge  the  signer  of 
the  memoraodum. 


EFFECT  OF  TAKING  A  BILL  AFTEB  IT  IS  DUE.   17 

note  made,  without  any  consideration,  and  it  will  be  a 
good  defence  to  the  action. 

A  want  of  sufficient  consideration  may  be  insisted 
on  in  defence  to  an  action  on  a  bill;  and  when  the  bill 
is  for  accommodation,  and  the  holder  has  given  value 
only  for  a  part  of  that  amount,  he  cannot  recover  on 
the  bill  beyond  that  sum. 

So,  in  an  action  by  an  indorsee  against  the  person 
indorsing  the  note  to  him,  that  person  may  show  that 
the  notQ  was  indorsed  to  such  indorsee  without  any 
consideration,  and  it  will  be  a  good  defence. 

But  where  the  Jiolder  of  a  bill  or  note  received  it 
innocently,  in  the  course  of  business,  for  a  valuable 
consideration,  and  before  it  teas  due,  he  may  collect  it 
of  any  of  the  prior  parties  to  the  bill  or  note,  notwith- 
standing it  may  have  been  originally  issued  without 
any  consideration,  or  fraudulently,  or  that  no  consid' 
eration  had  passed  between  the  prior  indorsers,  or  that 
the  prior  indorsements  were  illegal,  or  though  it  may 
have  come  to  him  from  a  person  who  had  stolen  or  robbed 
it  from  the  true  owner.  Where,  however,  it  is  proved 
that  a  note  got  into  circulation  fraudulently ,  the  holder 
toill  be  obliged  to  show  hoto  he  came  by  it,  and  that  he 
gave  a  valuable  consideration  for  it. 

If  an  indorsee  receive  a  note  under  circumstances 
which  may  reasonably  excite  suspicion  that  it  was  not 
good,  he  ought,  before  he  takes  it,  to  inquire  into  the 
validity  of  the  note,  and  if  he  does  not,  he  takes  it 
subject  to  any  legal  defence  which  might  be  made 
against  a  recovery  by  the  promisee. 

The  bill  may  be  void  if  the  consideration  given  has 
been  made  illegal  by  statute ;  as  for  money  won  at 
gaming,  or  for  money  bet,  and  in  some  States,  on  a 
usurious  contract.  But,  with  respect  to  gaming,  it  is 
held  that  a  bill  founded  on  a  gambling  transaction  is 
good  in  the  hands  of  a  bona  fide  holder ;  and  a  bill  or 
note,  though  founded  upon  a  usurious  contract,  does 
not,  in  some  states,  vitiate  the  same  in  the  hands  of  a 
bona  fide  holder,  not  knowing  the  usurious  contract. 

VII. — EFFECT    OP  TAKING  A  BILL  AFTER    IT    IS    DUE. 

Where  a  party  takes  a  note,  even  for  value,  after 
it  has  been  dishonored,  or  is  overdue,  he  takes  it  sub- 
TO  2» 


18  PRESENTMENT    OF   BILL 

ject  to  all  the  equities  which  properly  attach  thereto 
between  the  antecedent  parties. 

Thus,  in  an  action  by  the  indorsee  of  a  note  over- 
due against  the  maker,  the  maker  may  have  the  bene- 
fit of  a  set-ofF  against  the  payee,  which  accrued  before 
notice  to  him  of  the  transfer.  So  he  may  prove  pay- 
ments in  part,  or  in  whole,  before  the  indorsement. 
So  he  may  prove  fraud  in  its  inception,  or  want  for  a 
failure  of  consideration,  or  that  it  was  given  for  an  ille- 
gal consideration,  &c. 

VIII. PRESENTMENT    OP    BILL    FOR    ACCEPTANCE. 

Bills  payable  at  sight,  or  at  so  many  days  after  sight, 
or  after  demand  must  be  presented  to  the  drawee  for 
acceptance ;  otherwise  the  time  of  payment  would 
never  arrive.  But  bills  payable  on  demand,  or  payable 
at  a  certain  number  of  days  after  date,  or  after  any 
other  certain  event,  need  not  be  presented  for  accep- 
tance at  all;  but  only  for  payment.  It  is,  however, 
certainly  advisable  in  all  cases  to  endeavor  to  get  the 
bill  accepted.  And  though  the  owner  is  not  bound  to 
present  the  bill  payable  at  a  day  certain,  for  acceptance 
before  the  day,  the  agent  employed  to  collect  the  bill, 
or  to  get  it  accepted  and  paid,  must  act  with  due  dili- 
gence to  have  the  bill  accepted  as  well  as  paid. 

A  bill  payable  at  sight,  or  so  many  days  after  sight, 
as  well  as  a  bill  payable  on  demand,  must  be  present- 
ed in  a  reasonable  time,  or  the  holder  will  have  to  bear 
the  loss  proceeding  from  his  default. 

In  all  cases,  where  a  bill  is  presented,  and  accept- 
ance is  refused,  it  is  dishonored,  and  notice  must  be 
given  to  the  drawer  and  indorsers  in  order  to  charge 
them;  and  it  makes  no  difference  in  this  respect, 
whether  the  bill  be  payable  at  sight,  or  at  a  day  certain. 

IX. PRESENTMENT    FOR    ACCEPTANCE,    BY    WHOM, 

WHERE,  AND    TO    WHOM    MADE. 

In  general,  bills  should  be  presented  by  the  holder 
or  his  authorized  agent.  But  though  the  drawee  may 
not  be  bound  to  accept  a  bill  presented  by  a  person 
.not  having  proper  authority  to  hold  the  bill,  yet  if  he 
does  accept  it,  such  acceptance  will  inure  to  the  benefit 
of  the  true  holder. 


FOR   ACCEPTANCE.  19 

A  bill  should  be  presented  for  acceptance  at  the  resi- 
dence or  usual  place  of  business  of  the  drawee,  with- 
out regard  to  the  place  where  it  is  drawn  payable,  be- 
cause the  former  is  supposed  to  be  the  place  where  he 
is  to  be  found  to  accept,  and  the  place  of  payment  is 
not  material  until  after  acceptance.  If  the  drawee  is 
not  to  be  found  at  the  place  to  which  the  bill  is 
directed,  he  having  never  lived  there,  or  having  removed 
from  thence,  the  holder  should  endeavor  to  ascertain  the 
actual  domicil  of  the  drawee,  and  present  the  bill  at 
that  place.  If  the  holder  is  unsuccessful  in  his  inqui- 
ries, he  may  protest  the  bill  as  dishonored. 

The  absence  from  his  home,  of  the  drawee  of  a  bill 
payable  at  a  time  certain  after  date,  when  the  holder 
of  the  bill  or  his  agentcalls  with  it  for  acceptance,  is  not 
a  refusal  to  accept,  which  requires  the  holder  to  give 
notice  to  the  drawer  and  indorsers ;  although  such  ab- 
sence, when  the  bill  is  due,  is  a  refusal  to  pay,  and  au- 
thorizes a  protest. 

The  presentment  should  be  to  the  drawee  himself, 
or  to  his  authorized  agent ;  and  if  he  refuse,  and  the 
bill  has  been  addressed  to  another  person,  then  pre- 
sentment must  be  made  to  that  person ;  otherwise  the 
drawer  or  indorsers  will  not  be  chargeable.  If  the  bill 
has  been  addressed  to  two  or  more  persons  not  in  part- 
nership, it  is  said  that  it  must  be  presented  to  each. 

If  the  drawee  has  left  the  country,  it  will  be  suffi- 
cient to  present  the  bill  at  his  house,  unless  he  has  a 
knwon  agent,  when  it  should  be  presented  to  him.  If 
on  presentment  it  appear  that  the  drawee  is  dead,  the 
holder  should  inquire  after  his  personal  representative, 
and,  if  he  live  within  a  reasonable  distance,  should  pre- 
sent the  bill  to  him. 

Presentment  should  in  all  cases  be  made  during  the 
usual  hours  of  business;  and  it  should  not  be  made  on 
days  set  apart  by  the  laws  of  the  country  for  religious 
or  public  purposes.  The  drawee  should  accept  or  re- 
fuse a  bill  as  soon  as  it  is  presented  to  him  ;  but  if  he 
dfoes  not  determine  immediately,  it  is  usual  to  leave  it 
with  him  twenty-four  hours  to  consider  whether  he  will 
accept  it  or  not.  But  in  this  the  holder  may  use  his 
own  discretion. 


2(>*  OF   THE   ACCEPTANCE. 

It  is  not  incumbeni  on  the  indorser  to  inform  the 
holder  where  the  maker  is  to  be  found. 

X. OF    THE    ACCEPTANCE. 

The  acceptance  may  be  verbal,  or  it  may  be  written, 
and  it  may  be  general  or  special.  If  a  bill  comes  into 
the  hands  of  a  person  with  verbal  acceptance,  and  he 
takes  it  in  ignorance  of  such  acceptance,  he  may  avail 
himself  of  it  afterwards. 

An  absolute  acceptance  is  an  engagement  to  pay  the 
bill  according  to  its  tenor,  which  is  done  by  the  drawee 
writing  "  Accepted,"  and  subscribing  his  name  at  the 
bottom  or  across  the  bill.  If  a  bill  is  made  payable 
after  sight,  the  date  of  acceptance  should  appear  thus, 
"  Accepted,  A.  B  ,  April '20,  1850." 

Any  acceptance  varying  the  absolute  terms  of  the 
bill,  either  in  the  sum,  the  time,  the  place,  or  the  mode 
of  payment,  is  a  special  or  conditional  acceptance, 
which  the  holder  is  not  bound  to  receive ;  but  if  he 
does  receive  it,  the  acceptor  is  liable  only  according  to 
the  terms  of  his  acceptance. 

The  holder,  as  just  stated,  is  not  bound  to  take  a 
qualified  acceptance,  but  is  entitled  to  have  the  bill 
accepted  absolutely  and  unconditionally,  as  it  is  drawn. 
He  may,  however,  at  his  own  risk,  take  a  special  ac- 
ceptance ;  but  he  ought  to  give  immediate  notice  to 
all  the  parties,  and  if  he  omits  so  to  do  he  discharges 
them  ;  and  it  would  seem,  that  if  he  wished  to  hold 
the  other  parties  to  the  bill,  he  should  have  it  protested 
as  dishonored,  unless  they  assent  to  the  conditional  ac- 
ceptance. 

A  promise  to  accept  a  bill  not  yet  drawn,  shown  to 
a  third  person,  who,  upon  the  faith  of  such  promise, 
takes  it  for  a  valuable  consideration,  is  in  law  an  ac- 
ceptance of  such  bill,  when  drawn  ;  provided  in  the 
letter  in  which  the  promise  is  made,  the  bill  to  be 
drawn  is  described  in  terms  not  to  be  mistaken,  and 
so  as  to  distinguish  it  from  all  others ;  and  provided 
the  bill  is  drawn  within  a  reasonable  time  after  such 
promise.  (2  Gall.  233;  2  Wheat.  66;   1  Story,  22.) 

Any  act  of  the  drawee,  which  demonstrates  an  in- 
tention to  comply  with  the  request  of  the  drawer,  will 


NON-ACCEPTANCE. — LIABILITY    OF   ACCEPTOR.        21 

amount  to  an  acceptance.  An  expression  **  leave  the 
bill,  and  I  will  accept  it,  or  a  direction  to  a  third  person 
to  pay  the  bill  "  written  "  thereon,  is  a  sufficient  accept- 
ance. A  verbal  promise  that,  "  if  the  bill  come  back, 
he  would  pay  it,"  was  held  a  good  acceptance. 

An  implied  acceptance  may  be  inferred  from  the 
drawee  keeping  the  bill  a  great  length  of  time,  or  any 
other  act  which  induces  the  holder  not  to  protest  it,  or 
to  consider  it  as  accepted. 

XI. NON-ACCEPTANCE WHEN    NOTICE    IS   NECESSARY. 

Where  the  drawee  refuses  to  accept  a  bill,  the  holder 
should  give  immediate  notice  of  the  fact  to  the  drawer 
and  indorsers,  or  such  of  them  as  he  intends  to  look  to 
for  payment.  The  rules  as  to  the  form,  time  of  notice, 
&c.,  apply  as  in  the  case  of  notice  for  non-payment. 

In  what  cases  it  is  necessary  to  have  the  bill  protest- 
ed, will  be  stated  hereafter. 

The  drawer  of  a  bill  may  be  immediately  sued  after 
notice  of  non-acceptance.  If,  however,  the  bill  be 
presented  and  accepted,  the  holder  obtains  the  addi- 
tional security  of  the  drawee.  ;' 

XII. LIABILITY   OP    ACCEPTOR. 

An  absolute  acceptance  is  an  engagement  by  the 
acceptor  to  pay  according  to  the  tenor  of  the  bill ;  and 
a  conditional  or  partial  one,  to  pay  according  to  the 
tenor  of  the  acceptance. 

The  drawee,  by  accepting  a  bill,  admits  the  genuine' 
ness  of  the  drawei''s  signature.  If,  therefore,  the 
drawee  accepts  a  forged  bill,  or  a  bill  with  a  larger 
amount  than  that  fixed  by  the  real  drawer,  he  will  never- 
thehss  be  liable  to  pay  the  bona  fide  holder,  and  will 
have  no  claim  upon  the  supposed  drawer.  Every  drawee 
ought  therefore  to  be  careful,  before  accepting,  to  ascer' 
tain  that  the  signature  of  the  drawer  is  genuine,  and 
that  there  has  not  been  substituted  for  paymeiit  a  larger 
sum  than  that  really  required  by  the  drawer. 

But  the  drawee,  by  accepting,  does  not  admit  the 
genuineness  of  the  signatures  of  the  indorsers;  and  the 
holder,  in  order  to  recover  of  the  acceptor,  must  be 


33 


ACCEPTANCE   FOR    HONOK. 


able  to   prove  that  the  signatures  of  the  indorsers, 
through  whom  he  claims,  are  genuine. 

The  acceptor  of  a  bill  is  the  principal  debtor,  and 
the  drawer  and  indorsers  are  to  be  regarded  as  sure- 
ties; and  nothing  will  discharge  the  acceptor,  but  pay- 
ment or  release.  He  is  bound,  though  he  accepted 
without  consideration,  and  for  the  sole  accommodation 
of  the  drawer.  And  if  he  agrees  to  accept  a  bill,  al- 
though he  has  no  funds  in  his  hands,  and  the  bill  is 
drawn  on  the  faith  thereof,  and  he  afterwards  refuses 
to  accept  it,  or  to  pay  it,  he  will  be  liable  to  the  draw- 
er for  the  loss  and  expense,  which  his  refusal  may 
have  occasioned  him. 

XIII. — ACCEPTANCE    FOR   HONOR. 

A  third  person,  after  protest  for  a  non-acceptance  by 
the  drawee,  may  intervene,  and  become  a  party  to  the 
bill,  by  accepting  and  paying  the  bill,  for  the  honor  of 
the  drawer,  or  of  a  particular  indorser.  His  acceptance 
is  termed  an  acceptance  supra  protest,  and  he  subjects 
himself  to  the  same  obligations  as  if  the  bill  had  been 
directed  to  him. 

The  mode  of  acceptance  is,  for  the  acceptor  person- 
ally to  appear  before  the  notary  with  witnesses,  and 
make  declaration  that  he  accepts  said  bill  in  honor  of 
the  drawer  or  indorser,  and  that  he  will  ratify  the  same 
at  the  appointed  time  ;  and  he  then  subscribes  the 
same  thus,  *^ Accepted  supra  protest,  in  lionor  of  A.  B." 

In  order  to  make  the  liability  of  the  acceptor  supra 
protest  complete  and  absolute,  the  bill  must  be  dull/ 
presented  for  payment,  at  the  time  it  falls  due,  to  the 
original  drawee,  notwithstanding;  because,  between 
the  time  of  such  refusal  and  the  time  when  the  bill 
would  fall  due,  effects  may  have  reached  the  drawee, 
out  of  which  he  might,  if  the  bill  were  presented  again, 
pay  the  bill ;  and  if  the  bill  is  not  paid,  it  must  be  du- 
ly protested  for  non-payment,  and  due  notice  given  to 
the  acceptor  supra  protest. 

The  acceptor  supra  protest  has  his  remedy  against 
the  person  for  whose  honor  he  accepted,  and  against 
all  the  parties  who  stand  prior  to  that  person.  If  he 
takes  up  the   bill  for  the  honor  of  the  indorser,  he 


OF  THB   INDORSEMENT   OF   A  BILL   OR   NOTE.       23 

Stands  in  the  same  position  as  a  bona  fide  indorsee,  and 
has  the  same  remedies  to  which  an  indorsee  would  be 
entitled  against  all  prior  parties. 

The  holder  of  a  bill  is  not  obliged  to  take  an  accept- 
ance supra  protest. 

ZIV. — OF   THE    INDORSEMENT    OF    A    BILL    OR    NOTE.     ; 

The  payee,  or  person  legally  interested  in  the  instru- 
ment, or  his  agent,  must  himself  make  the  first  indorse- 
ment or  transfer.  A  transfer  by  indorsement  vests  in 
the  indorsee  a  right  of  action  against  all  the  parties 
whose  names  are  on  the  bill  or  note,  in  case  of  default  of 
acceptance  or  payment,  and  against  an  innocent  in- 
dorsee for  value;  no  prior  party  can  set  up  the  defence 
of  fraud,  duress,  or  want  of  consideration. 

The  indorsement  is  an  implied  contract  that  the  in- 
dorser  has  a  good  title,  and  that  the  antecedent  names 
are  genuine ;  that  the  bill  or  note  shall  be  duly  honor- 
ed or  paid,  and  if  not,  that  he  will,  on  due  protest  and 
notice,  take  it  up. 

If  a  blank  note  or  check  be  indorsed,  it  will  bind 
the  indorser  to  any  sum,  or  time  of  payment,  which  the 
person  to  whom  he  indorses  the  paper  may  choose  to 
insert  in  it. 

A  bill  cannot  be  indorsed  for  part  of  its  contents 
after  its  acceptance ;  but  if  paid  in  part,  may  be  in- 
dorsed as  to  its  residue. 

An  indorser  may  so  qualify  his  indorsement  as  to 
free  himself  from  all  liability;  as  if  he  should  add, 
•'  at  his  own  risk,"  or  "  without  recourse  ;"  in  which 
case,  although  the  prior  and  subsequent  indorsers 
would  be  liable,  yet  he  would  be  free  from  all  liability, 
by  reason  of  his  special  indorsement. 

Bach  endorser  becomes  liable  to  all  subsequent 
holders. 

If  a  person  (not  the  pnyee)  endorses  a  note  when  it 
is  made,  he  will  be  liable  at  all  events  not  as  endorser, 
but  as  guirantor.  If  he  endorse  it  afterward,  (not  being 
a  regular  endorser),  he  will  be  liable  if  his  act  be  found- 
ed on  any  legal  consideration,  but  not  otherwise.  (4 
Pick.  335;  8  Pick.  122.) 


»4  PRESENTMENT  FOR  PAYMENT. 

XV. PRESENTMENT  FOR  PAYMENT. 

A  bill  or  note  must  be  presented  for  payment  by  the 
holder  or  his  agent  on  the  day  it  is  due,  if  he  wishes 
to  make  the  indorsers  liable.  The  presentment  must 
be  made  to  the  maker  or  acceptor,  at  the  place  appoint- 
ed for  payment,  or  at  his  house  or  residence,  or  regular 
known  place  of  business,  or  to  him  personally,  if  no 
particular  place  be  appointed. 

The  insolvency  or  death  of  the  maker  or  acceptor, 
however  notorious,  will  not  excuse  the  neglect  to  make 
due  presentment.  If  he  be  dead,  presentment  must 
be  made  to  his  personal  representative,  whether  execu- 
tor or  administrator,  and  if  there  be  neither,  then  at 
the  house  of  the  deceased. 

Where  a  note  is  made  payable  "  at  cither  of  the 
bank.-i,"  in  a  large  city,  where  there  is  a  large  number 
of  banks,  the  holder  may  present  it  at  any  one  of  the 
banks  which  he  may  select,  and  it  will  be  a  sufficient 
presentment.  It  would  seem,  however,  in  such  case, 
that  the  holder  ought  to  give  notice  to  the  promiser 
where  his  note  is. 

Where  a  note  held  by  a  bank  is  payable  at  a  bank, 
no  formal  demand  of  the  maker  is  necessary  in  order 
to  charge  the  indorser.  It  is  sufficient  if  the  maker 
has  no  funds  there  at  its  maturity  with  which  to  pay  it. 

Where  a  note  is  made  payable  at  a  particular  place, 
as  at  a  certain  bank,  it  is  sufficient  for  the  holder  to 
present  it  at  the  specified  place,  and  if  dishonored  there, 
the  drawer  and  indorsers  will  be  liable  upon  due  notice. 

Where  no  place  of  payment  is  specified  on  the  note, 
the  presentment  ought  to  be  made  to  the  maker  person- 
ally, or  at  his  dwelling-house,  or  place  of  business. 

A  presentment,  in  such  case,  at  the  maker's  place  of 
business  is  sufficient,  if  made  in  business  hours,  even 
if  it  be  shut,  and  no  person  left  there  to  answer  in- 
quiries. So  a  presentment  at  the  residence  of  the 
drawee  or  maker  is  sufficient,  even  if  he  be  out  of  town 
at  the  time.  But  if  the  maker  removes  his  residence, 
or  p lice  of  business,  between  the  time  the  note  was 
made  and  when  it  becomes  due,  the  demand  must  be 
made  at  such  new  place  of  business  or  residence,  if 


PRESENTMENT    FOR   PAYMENT.  26 

within  the  same  State  with  the  old,  provided  it  be  known 
or  can  by  due  diligence  be  found. 

Where  the  maker  abandons  his  business  and  resi- 
dence, and  removes  into  another  State,  before  the  ma- 
turity of  the  note,  the  holder  is  not  bound,  in  order  to 
charge  the  indorser,  to  demand  payment  of  the  maker 
in  the  State  to  which  he  has  removed ;  but  he  is  bound 
to  demand  payment  at  the  maker's  last  residence  or 
place  of  business,  within  the  State  where  he  made  the 
note,  if  he  can  find  it  by  the  use  of  due  diligence. 

Where  a  note  is  dated,  and  delivered  in  one  State, 
and  the  maker  actually  resides  in  another,  it  would 
seem  to  be  sufficient  for  the  holder  to  demand  payment 
at  the  place  where  it  is  dated,  if  he  cannot  find  the 
maker,  upon  reasonable  inquiry,  within  the  State,  and 
he  has  no  known  place  of  business  there. 

If  the  drawer  has  never  resided  at  the  specified  place 
of  address,  or  has  absconded,  the  holder  is  excused 
from  making  further  inquiries,  after  using  due  diligence 
at  that  place.  But  if  he  has  merely  removed  the  hold- 
er must  endeavor  to  present  the  note,  at  the  place 
where  he  resides. 

If  the  holder  of  a  note  makes  diligent,  though  un 
successful  inquiries,  to  ascertain  the  maker's  residence, 
at  the  time  the  note  falls  due,  it  is  sufficient,  and  will 
be  as  effectual  as  an  actual  presentment. 

The  absence  of  the  maker  of  a  note  on  a  voyage  at 
sea,  if  his  family  still  reside  in  the  State,  will  not  ex- 
cuse a  demand  of  payment,  because  it  may  happen  that 
he  has  left  with  his  family  means  to  pay  the  note.    Pay 
ment  may  therefore  be  demanded  of  his  wife  or  agent 

It  is  sufficient  to  constitute  a  demand  and  refusal  to 
pay  a  note,  that  the  maker,  on  the  day  it  becomes  due, 
calls  on  the  holder  at  his  store,  where  the  note  is,  and 
informs  him  that  he  cannot  and  shall  not  pay  it,  and  de- 
sires him  to  give  notice  to  the  indorser,  though  the 
note  is  not  produced. 

But  where  a  note,  made  payable  at  a  bank,  is  not 
at  the  bank  when  it  falls  due,  and  no  demand  is  then 
made  on  the  maker,  the  indorsee  cannot  charge  the 
indorser,  by  giving  him  seasonable  notice  of  non-pay- 

TG  3 


26  WHAT   WILL    EXCUSE    NON-PRESENTMENT. 

raent,  although  the  maker  had  previously  told  the  in- 
dorsee that  it  would  be  useless  to  send  the  note  to  the 
bank,  because  he  could  not  pay  it. 

The  holder  must  have  the  note  in  his  possession, 
ready  to  be  delivered  up,  when  the  presentment  for 
payment  is  made.* 

XVI. WHAT    WILL    EXCUSE    NON-PRESENTMENT. 

We  have  seen  that  where  the  holder  uses  due  dili- 
gence to  ascertain  the  residence  of  drawee  or  maker, 
and  is  unsuccessful,  it  is  as  effectual  as  an  actual  pre- 
sentment. 

So  where  a  note  is  made  for  the  accommodation  of 
a  particular  indorser,  the  non-presentment  of  the  note 
to  the  maker  for  payment,  will  not  discharge  such  in- 
dorser from  liability,  as  he  is  in  fact  the  real  party  ow- 
ing on  the  note ;  but  as  regards  all  other  indorsers  to 
the  note,  due  presentment  must  be  made. 

So  an  indorser  may  waive  his  right  to  have  the  note 
presented  at  its  maturity,  and  in  case  of  non-payment, 
to  have  proper  notice  of  the  fact.  The  usual  words, 
where  an  indorser  waives  his  right  in  this  respect,  are 
"  waiving  demand  and  notice."  But  an  agreement  to 
waive  notice,  will  not  excuse  the  party  from  making 
a  due  presentment  for  payment ;  and  care  should  always 
be  taken  in  such  cases,  to  use  language  that  clearly 
imports  a  waiver  of  these  rights,  as  courts  construe 
such  language  strictly.  Of  course,  the  fact  that  one 
indorser  has  waived  his  right  to  demand  and  notice, 
does  not  affect  the  rights  of  the  other  indorsers. 

It  is  not  necessary  that  the  waiver  should  be  in  writ- 
ing, and  if  it  clearly  appears  from  all  the  circumstances 
that  the  indorser  intended  to  waive  notice,  or  demand, 
or  both,  he  will  not  be  entitled  to  them.  Thus,  where 
the  indorsee,  who  lived  in  New  York,  observed  to  the 
indorser,  when  he  received  the  note,  that  he  had  no 
confidence  in  the  other  parties  to  the  note,  and  did  not 
know  them,  and  should  look  wholly  to  him,  and  the 
indorser  replied,  that  he  should  be  in  New  York  when 

•  The  holder  of  a  note  endorsed  after  it  is  due,  is  bound  to  demand  pay- 
ment ofthe  maker  in  some  reasonable  time,  or  to  make  some  reasonable 
•fibrts  to  do  »o. 


PRESENTMENT  FOR  PAYMENT  OP  NOTE  ON  DEMAND.  27 

the  note  became  due,  and  would  take  it  up,  if  it  were  not 
paid  by  any  other  party  to  it ;  it  was  held  that  this  was 
a  waiver  of  a  right  to  notice  of  the  dishonor  of  the  note. 

When  the  maker  of  a  promissory  note  has  assigned 
all  his  property  to  the  indorser  for  his  security  against 
the  indorsements,  the  indorser  is  considered  as  waiving 
a  demand  on  the  maker,  as  well  as  notice  to  himself  by 
an  indorsee. 

If  due  demand  on  the  maker  be  not  made,  or  due 
notice  of  non-acceptance  or  non-payment  be  not  given, 
yet  a  subsequent  promise  to  pay,  by  the  party  entitled 
to  notice,  be  he  either  drawer  or  indorser,  will  amount 
to  a  waiver  of  the  demand  or  notice;  provided  the 
promise  was  made  unequivocally,  and  with  full  knowl- 
edge of  the  fact  of  a  want  of  due  diligence  on  the  part 
of  the  holder. 

When  a  draft  has  been  protenwd  for  non-acceptance, 
the  holder  is  not  bound  to  present  it  at  maturity  for 
payment  to  preserve  his  recourse. — Dec.  N.  H. 

XVII. PRESENTMENT     FOR     PAYMENT     OF     NOTE    ON 

DEMAND. 

In  the  case  of  indorsed  notes,  or  bills,  payable  on 
demand,  a  presentment  for  payment  should  be  made 
within  a  reasonable  time,  in  order  to  subject  the  in- 
dorser. What  is  deemed  a  reasonable  time,  must,  to 
some  extent,  be  determined  by  the  peculiar  circum- 
stances of  the  case. 

Where  a  note  was  made  payable  on  demand,  with 
interest,  and  indorsed  at  the  time,  it  was  held  to  be  a 
reasonable  construction  of  the  instrument,  that  neither 
the  parties  to  it,  nor  the  indorser,  contemplated  an  im- 
mediate demand,  but  all  regarded  the  real  time  of 
payment  as  future,  and  the  indorsement  as  a  continu- 
ing guarantee. 

In  Massachusetts,  it  is  provided  by  Statute,  that  a 
demand  must  be  made  at  or  within  sixty  days,  without 
grace,  from  the  dale  of  the  note,  in  order  to  charge  an 
indorser  who  has  notice  thereof;  a  demand  made  after 
sixty  days  discharges  the  indorser. 

To  charge  an  indorser  of  a  note  payable  on  demand, 
he  must  have  received  notice  of  non-payment  upon  the 
first  demand  on  the  maker.     (II  Met.  400.) 


28    PAYMENT    OF    BILL    OK   NOTE. — DAYS    OF   GRACi. 
XVIII. PAYMENT    OF    BILL    OR    NOTE. 

Payment  of  a  bill  or  note  should  be  made  (o  the 
holder  and  the  real  proprietor  of  the  instrument,  or  to 
some  person  authorized  by  him  to  receive  the  money. 

The  acceptor  of  a  bill,  or  maker  of  a  note,  should 
pay  it  on  a  demand  made,  at  any  time  within  business 
hours,  on  the  day  it  falls  due.  And,  if  it  be  not  paid 
on  such  demand,  the  holder  may  treat  it  as  dishonor- 
ed ;  but  the  acceptor  has  the  whole  of  that  day  within 
which  to  make  payment. 

When  part  of  the  amount  of  any  bill  or  note  is 
paid,  it  should  always  be  marked  on  the  note,  or  the 
party  paying  may  be  liable  to  pay  the  amount  a  second 
time  to  a  bona-fide  indorsee. 

The  holder  may  bring  actions  against  the  acceptor, 
drawer,  and  all  the  indorsers,  at  the  same  time ;  but, 
though  he  may  obtain  judgment  in  all  the  actions,  yet 
he  can  recover  but  one  satisfaction  for  the  value  of  the 
note. 

Where  a  creditor  directs  his  debtor  to  remit,  by 
post,  the  money  due  to  him,  by  a  bill  of  exchange, 
or  note,  or  where  it  is  the  usual  way  of  paying  such 
debt,  if  the  bill  or  note  be  lost,  the  one  who  remits  is 
not  liable.  But  the  letter  containing  such  remittance 
should  be  put  in  the  post  office  by  one  who  can  prove 
specially  the  delivery  of  it, 

XIX. DAYS    OF    GRACE    IN    THE    UNITED    STATES. 

In  Maine,  New  Hampshire,  Massachusetts,  North 
Carolina,  South  Carolina,  Alabama,  Indiana,  Louisi- 
ana, Kentucky  and  Texas,  three  days  of  grace  are 
allowed  on  all  bills  of  exchange,  payable  at  sight,  or  at 
a  future  day  certain,  and  on  all  promissory  negotiable 
notes,  orders  and  drafts,  payable  at  a  future  day  certain. 
But  the  rule  of  giving  three  days'  grace  on  sight  drafts 
is  said  not  to  prevail  in  Vermont,  Rhode  Island,  Con- 
necticut, New  York,  New  Jersey,  Penns^ylvania,  Del- 
aware, Maryland,  Virginia,  Georgia,  Mississippi,  Mis- 
souri, Tennessee,  Illinois,  Michigan,  Iowa  and  Florida. 

No  days  of  grace  are  allowed  on  bills,  &c.,  payable 
on  demand  ;  and  if  no  time  of  payment  is  expressed  on 
the  note,  it  is  treated  as  one  payable  on  demand. 


NOTICE   TO   INDORSEES.  29 

Where  days  of  grace  are  by  law  allowed  on  bills  or 
notes,  they  are  not  considered  due  until  the  expiration 
of  the  days  of  grace.*  It  would  therefore  be  equally 
unseasonable,  to  demand  payment  before  the  expira- 
tion of  the  third  day  of  grace,  as  after  the  day.  The 
demand  must  be  made  on  the  third  day  of  grace,  unless 
it  happens  to  full  on  Sunday,  or  some  public  day,  when 
the  demand  should  be  made  on  the  second  day  of  grace, 
otherwise  the  drawee  of  the  bill,  and  the  indorser  of 
the  note,  are  discharged. 

The  demand  must  be  made  at  seasonable  hours;  as, 
within  business  hours,  if  made  at  the  maker's  place  of 
business ;  or  within  the  usual  hours  for  a  family  to  be 
up,  if  made  at  his  dwelling-house ;  otherwise  the  de- 
mand is  not  good.  So  a  note  payable  at  a  bank,  must 
be  paid  within  bank  hours. 

XX. NOTICE    TO    INDORSERS. 

It  is  not  sufficient  for  the  holder  of  a  bill  or  note,  to 
show  that  he  has  made  a  demand,  or  used  due  diligence 
to  obtain  the  money  of  the  drawee  or  maker ;  but  he 
must  give  seasonable  notice  to  the  drawer  or  indorsers 
or  their  authorized  agents,  that  the  note  or  bill  has  been 
dishonored,  otherwise  they  will  not  be  liable. 

The  holder  of  a  bill  or  note,  therefore,  should,  im- 
mediately upon  its  dishonor,  give  due  notice  thereof  to 
all  the  parties  he  intends  to  look  to  for  payment. 
Any  indorser  who  has  received  seasonable  notice  is 
liable,  although  no  notice  be  given  to  the  drawer  or 
prior  indorsers,  as  the  holder  need  give  notice  to  no 
one,  excepting  such  as  he  wishes  to  hold  liable.  The 
indorser,  therefore,  on  receiving  notice  of  the  dishonor 
of  a  bill  or  note,  should  give  immediate  notice  to  the 
drawer  and  indorsers  to  whom  he  means  to  resort.  A 
notice,  however,  from  the  holder  to  any  other  party, 
will  inure  to  the  benefit  of  every  other  party,  coming 
between  the  person  giving  the  notice,  and  the  person 
to  whom  it  is  given. 

*  In  compuiiiig  the  time  a  bill  or  note  lias  to  run,  the  day  of  its  dn'e  most 
always  be  excluded  ;  ro  must  the  day  upon  which  it  falls  due,  in  couiput' 
ing  the  days  of  grace,  upon  the  last  of  which  it  must  be  presented. 

TO  3» 


90  NOTICE   TO    INDORSEES. 

The  notice  must  be  given  by  the  holder  or  his  au- 
thorized agent;  and  notice  by  a  mere  stranger  will 
not  be  sufficient.  If  the  holder  is  a  bankrupt  or  in- 
solvent, then  notice  by  his  assignee  will  be  sufficient. 

Where  the  parties  to  be  notified  reside  in  the  same 
town  or  city  with  the  holder,  they  must  have  personal 
notice  of  the  dishonor  of  the  bill  or  note,  either  verbal- 
ly or  in  writing ;  or  a  written  notice  must  be  left  at 
their  dwelling-house  or  place  of  business.  Either 
mode  is  sufficient;  but  one  or  the  other  must  be  ob- 
served, unless  it  is  prevented  by  the  act  of  the  party 
entitled  to  the  notice. 

Where  the  parties  do  not  live  in  the  same  town  with 
the  holder,  the  notice  may  be  sent  by  mail  or  by  a 
private  hand.  It  is  usual  to  send  by  mail,  and  that 
perhaps  is  the  better  way.  Where  the  holder  lives  in 
the  same  town  with  a  party  to  be  notified,  it  will  not  be 
sufficient  to  send  the  notice  to  the  Post  Office,  unless 
the  holder  can  prove  that  the  party  actually  got  the 
notice.  It  has  been  thought  that  in  a  large  city, 
where  there  is  a  penny  post  established,  a  notice  sent 
through  the  Post  Office  would  be  sufficient. 

If  the  holder  uses  the  ordinary  mode  of  conveyance, 
he  is  not  required  to  see  that  the  notice  is  brought 
home  to  the  party ;  and  putting  the  notice  by  letter 
into  the  Post  Office  is  sufficient,  though  the  letter 
should  happen  to  miscarry.  No  proof  is  required  of 
its  having  been  actually  received. 

To  excuse  a  want  of  notice  by  reason  of  ignorance 
of  an  indorser's  residence,  such  ignorance,  and  due 
diligence  to  discover  it,  must  be  shown  on  the  part  of 
the  owner  of  the  note  as  well  of  the  notary  and  bank.* 
^  The  notice  must  be  given  or  sent  within  a  reasona- 
ble time.  It  is  considered  a  reasonable  time  to  give 
notice  the  next  day  after  the  note  is  dishonored.  If 
notice  is  to  be  sent  by  mail,  it  should  be  put  into  the 
Post  Office  time  enough  for  the  first  mail  on  the  day 
next  after  that  on  which  it  is  dishonored.  Thus,  if  the 
third  day  of  grace  be  Tuesday,  and  the  note  or  bill  is 

•  Wlien  the  notice  glaled  that  the  note  liad  been  this  day  presented  for 
payment,  and  refused,  and  the  notice  was  without  date,  held,  that  the  notice 
was  defective. 


WHEN    IS   WANT    OF    NOTICE    EXCOSED.  31 

dishonored,  and  the  drawer  or  indorser  live  out  of 
town,  the  notice  may  be  sent  on  Tuesday,  but  it  must 
be  put  into  the  Post  Office  on  Wednesday.  The  same 
rule,  as  to  the  time  of  notice,  applies  where  the  in- 
dorser and  holder  live  in  the  same  town. 

Each  party,  successively,  into  whose  hands  a  dis- 
honored note  may  pass,  is  allowed,  it  would  seem,  one 
entire  day,  for  the  purpose  of  giving  notice.  If  the  de- 
mand be  made  on  Saturday,  the  notice  may  be  given 
on  Monday. 

Where  there  is  no  post,  the  ordinary  mode  of  con- 
veyance, such  as  the  J?rs<  ship,  or  carrier,  is  sufficient. 
But  there  is  considerable  risk  in  sending  notice  by  a 
private  hand,  where  there  is  a  regular  post;  for,  if 
the  notice  arrive  later  by  the  former  than  the  latter, 
the  parties  may  be  discharged.  Notice  to  one  of  sev- 
eral partners  is  equivalent  to  notice  to  all. 

XXI. WHEN    IS    WANT    OF    NOTICE    EXCUSED. 

If  the  drawee  refuses  to  accept,  because  he  has  no 
effects  of  the  drawer  in  hand,  and  the  drawer  had  no 
right  to  draw,  and  no  right  to  expect  his  bill  would 
be  paid,  protest  and  notice  to  the  drawer  are  not  ne- 
cessary. This  exception  applies  only  to  the  drawer, 
and  not  to  the  indorser  of  a  bill  drawn  without  funds; 
and  it  is  advisable  even,  to  give  due  notice  to  the  draw- 
er, to  avoid  any  mistake ;  for  if  the  drawer  should 
suffer  any  detriment  by  reason  of  not  having  notice, 
he  would  probably  be  discharged. 

If  the  holder  or  his  agent  goes  to  the  place  of  busi 
ness  or  dwelling-house  of  the  person  entitled  to  notice, 
within  seasonable  hours,  and  finds  the  place  shut,  and 
no  person  there  to  receive  notice,  he  is  not  obliged  to 
go  a  second  time,  or  even  to  leave  a  notice.  If,  howev- 
er, the  party  entitled  to  notice,  has  changed  his  resi- 
dence, notice  should  be  sent  to  his  new  residence. 

The  holder  is  also  excused  for  not  giving  regular 
notice  to  an  indorser,  of  whose  place  of  residence  he 
is  ignorant,  provided  he  uses  reasonable  diligence  to 
discover  where  the  indorser  may  be  found.  And  where 


32    FORM   OF   NOTICE. — PROTEST,  WHEN  NECESSARY. 

he  has  used  reasonable  diligence  to  discover  the  resi- 
dence of  the  indorser,  notice  given  as  soon  as  it  is  dis- 
covered is  due  notice. 

Notice  may  be  waived  by  an  express  agreement  be- 
tween the  parties,  in  the  same  manner  as  a  demand  for 
payment,  which  see. 

XXII. — FORM    OF    NOTICE.* 

There  is  no  precise  form  of  words  necessary  to  be 
used  in  giving  notice  of  the  dishonor  of  a  bill  or  note, 
but  the  language  used  must  be  such  as  to  convey  notice 
to  the  party  what  the  bill  or  note  is,  that  payment  has 
been  refused  by  the  maker  or  acceptor,  and  that  the 
holder  looks  to  him  for  the  amount.  The  notice  may 
be  given  verbally  or  in  writing,  and  must  give  infor- 
mation of  the  fact,  that  the  note  is  dishonored  by  the 
fault  of  the  maker. 

Thus,  a  notice  given  to  the  indorser  of  a  note,  mere- 
ly stating  that  the  person  giving  notice  holds  the  note, 
and  that  it  is  due  and  unpaid,  and  demanding  payment, 
is  not  sufficient  to  charge  the  indorser ;  for  it  does  not 
inform  him  that  demand  has  been  made  of  the  promisor, 
and  payment  refused,  or  in  any  other  way,  by  express 
declaration  or  reasonable  implication,  give  him  infor- 
mation that  the  note  was  in  fact  dishonored. 

XXIII. PROTEST,  WHEN    NECESSARY. 

Foreign  bills  as  distinguished  from  inland  bills,  are 
such  as  are  drawn  or  payable,  or,  both,  abroad,  or  in  a 
foreign  state. 

*Ntw  York,  Jan.  1. 1851. 

Please  to  take  notice  that  a  promissory  note  for dollars,  made  by  A. 

B.  and  iudor^'cd  by  you,  dated ,  having  been  duly  presented  and  pay- 
ment thereof  demanded,  which  was  refused,  is  therefore  protested  for  uoa- 
pay raent,  and  that  the  holders  look  to  you  for  payment  thereof. 

CD.,  NotaryPublie. 

Boston,  Tan.  1,  1851. 

Sir:— A  promis»orj'  note,  for  S ,  dated ,  signed ,  payable  to 

the  order  of ,  at indorsed  by ,  having  been  protested  by  me  this 

day  for  non-payment,  I  hereby  notify  you  that  the  holder  looks  to  you  for 
payment,  interest, cost  and  damages,  payment  having  been  duly  demanded 
and  refused. 

Done  at  the  request  of  the  Cashier  of  the Bank. 

E.  F.,  Notary  PtMie. 


PROTEST,  WHEN    NECESSARY.  33 

A  bill  drawn  in  one  state  and  payable  in  another,  is 
a  foreign  bill,  so  as  to  make  the  protest  admissible  in 
evidence,  although  all  the  parties  were  residents  in  the 
state  where  the  bill  was  drawn. — Decision  in  Mass. 

If  the  bill  be  dishonored,  the  holder  should  have  it 
immediately  protested,  and  the  protest  should  be  made 
by  a  notary-public,  but  if  none  can  be  procured,  it  is 
said  that  it  may  be  made  by  an  inhabitant,  in  presence 
of  two  witnesses.  (Bayley,  259.) 

With  respect  to  an  Inland  Bill,  or  Note,  for  which 
the  law  does  not  require  a  protest,  it  is  sufficient,  in 
all  cases,  to  give  notice  of  non-payment,  to  entitle  the 
holder  to  claim  interest  of  the  drawer. 

By  the  general  law-merchant,  no  protest  is  required 
to  be  made  upon  the  dishonor  of  any  promissory  note ; 
but  it  is  exclusively  confined  to  foreign  bills  of  exchange. 
Neither  is  it  a  necessary  part  of  the  official  duty  of  a 
notary  to  give  notice  to  an  indorser  of  the  dishonor  of 
a  promissory  note.  But  a  state  law  or  general  usage 
may  overrule  the  general  law  merchant  in  these  re- 
spects.— Decision  in  U.  S.  C. 

Where  a  protest  is  necessary,  it  is  not  indispensable 
that  it  should  be  made  by  a  person  who  is  a  notary.  (16.) 

The  protest  ought  to  be  specific,  as  to  the  mode  in 
which  the  notices  were  given,  by  stating  whether  they 
were  verbal  or  in  writing;  and  if  in  writing,  whether 
the  writing  was  delivered  to  the  person  notified,  or  de- 
spatched by  some  other  mode  of  conveyance,  and,  if 
the  latter,  by  what  mode,  and  when  sent,  and  to  what 
place  addressed.  But  if  the  protest  be  defective,  the 
necessary  facts  may  be  supplied  by  other  proof. — Deci- 
sion in  Maine. 

The  relation  which  exists  between  a  notary  and  the 
holder  of  a  note,  with  regard  to  the  protest  of  the  note, 
and  notice  to  indorsers,  is  that  of  principal  and  agent, 
and  no  more  strict  performance  of  duty  is  required  of 
the  notary  than  is  indicated  by  the  uniform  practice  of 
the  place  where  the  note  is  protested. — Decision  in 
Neio  York. 


84  LOSS    OF    BILL    OR    NOTE. 

A  drawer  or  indorser  of  a  foreign  bill  of  exchange  is 
liable  to  the  expenses  of  the  protest,  and  to  a  rate  of 
damage  established  by  law  or  usage. 

Whether  an  accommodation  note  can  be  protested 
for  non-payment,  so  as  to  authorize  a  charge  against 
the  maker  and  his  sureties  for  notarial  fees?  At  any 
rate  a  protest  is  unnecessary. — Decision  in  Alabama. 

A  protest  of  a  promissory  note  is  not  absolutely  ne- 
cessary, (1  Yeates,  147,)  nor  of  an  inland  bill  of  ex- 
change, (6  Wheat,  146;  8,  326.) 

XXIV. LOSS    OF    BILL    OR    NOTE. 

In  case  of  the  loss  of  a  bill  or  note,  transferable  by 
mere  delivery,  any  person  who  has,  previous  to  its  be- 
coming due,  given  a  bonajide  consideration  for  it  may 
enforce  payment  against  the  acceptor  or  other  parties, 
notwithstanding  he  derived  his  interest  in  the  instru- 
ment from  the  person  who  found  or  stole  it.  And,  if 
a  lost  or  stolen  bill  or  note,  transferable  by  mere  deliv- 
ery, and  for  which  no  consideration  has  been  given,  be 
presented  to  the  drawee  at  the  time  of  its  becoming 
due,  and  he  pay  it  before  he  has  notice  of  the  loss  or 
robbery,  he  will  not  be  liable  to  pay  it  over  again.  But 
when  a  bill  or  note  transferable  only  by  indorsement, 
and  not  indorsed,  is  lost  by  the  person  entitled  to  in- 
dorse, no  person  getting  possession  of  it  by  a  forged 
indorsement  will  acquire  any  interest  in  it,  although 
he  gave  a  sufficient  consideration  for  it,  and  was  not 
aware  of  the  forgery.  And  in  such  a  case,  if  pay- 
ment has  been  obtained  by  a  bona  fide  holder  from 
the  drawee,  such  payment  will  not  be  protected. 

In  case  of  the  loss  of  a  bill,  to  entitle  the  holder  to 
recover,  he  should  immediately  give  notice  thereof  to 
the  acceptor,  and  all  the  antecedent  parties;  and  when 
the  bill  is  transferable  by  mere  delivery,  should  also 
give  public  notice  of  the  loss:  but  this  will  not  be 
available  unless  notice  of  the  loss  be  brought  home  to 
the  knowledge  of  the  party  taking  the  bill. 

If  a  note  or  bill  of  exchange  be  lost,  and  the  party 
prove  the  fact  on  his  oath,  he  may  still  recover  upon 
it;  but  if  negotiable  he  may  be  required  to  tender  a 
bond  of  indemnity  both  to   the  maker  and  indorser 


ALTERATION    OF    A    BILL    OR    NOTE.  35 

against  all  claims,  that  may  afterwards  arise,  from  such 
lost  instrument. 

In  all  cases  where  the  law  provides  no  relief  for  the 
loss  of  a  bill  or  note,  a  court  of  equity  will,  on  suffi- 
cient indemnity  being  given,  enforce  the  payment  of  it. 

An  action  may  be  brought  on  a  lost  negotiable  note, 
which  had  not  been  negotiated  at  the  time  of  its  loss. 

XXV. ALTERATION  OF  A  BILL  OR  NOTE.   FORGERT. 

It  is  a  general  rule  of  law  that,  if  a  bill  or  note,  after 
it  has  been  once  issued,  or  after  the  time  it  was  origi- 
nally payable,  be  materially  altered  in  any  respect,  as 
in  the  date  or  sum,  or  time  of  payment,  ( I  Taunt.  Rep. 
430,)  all  parties,  who  were  not  consenting  to  such 
alteration,  will  be  absolutely  released  from  their  re- 
sponsibility, although  the  alteration  should  have  been 
made  by  a  person  not  a  party  to  the  bill  or  note.  But 
a  bill  is  capable  of  alteration  before  it  has  passed  into 
a  state  of  negotiation,  particularly  if  the  alteration  be 
made  for  the  correction  of  a  mistake,  or  in  furtherance 
of  the  original  intention  of  the  parties,  and  that  it  be 
made  with  the  acquiescence  of  the  parties.  2  Stark.  45. 

It  is  not,  however,  prudent  to  make  any  alteration, 
even  of  the  most  trivial  character,  in  a  bill  or  note. 

Forgery. — The  forgery  of  bills  or  notes,  or  of  any 
part  of  them,  and  the  passing  of  them  knowing  them 
to  be  forged,  are  respectively  felonies. 

To  misapply  a  genuine  signature,  to  sign  the  name 
of  a  fictitious  non-existing  person,  or  to  sign  a  man's 
own  name  with  an  intention  that  the  signature  should 
pass  for  the  signature  of  another  person  of  the  same 
name,  are  as  much  forgeries  as  to  fraudulently  write 
the  name  of  an  existing  person.  Every  fraudulent  al- 
teration amounts  to  forgery. 

If  money  be  paid  under  a  mistake  as  to  facts,  it  may 
be  had  back.  If,  therefore,  a  forged  note  be  discount- 
ed, the  person  discounting,  on  discovery  of  the  forgery, 
may  recover  the  money.  But  he  cannot  recover  if 
there  have  been  any  fault  or  negligence  on  his  part. 
So,  if  the  drawer  of  a  bill,  by  any  act  of  his,  facilitated 
or  gave  occasion  to  the  forgery,  he  must  bear  the  loss 
himself,  but  not  if  otherwise. 


36         BANKS  AS   AGENTS.  —  HOLDEKS    OF   CHECKS. 
XXVI. LIABILITIES    OF    BANKS   AS    AGENTS. 

A  bank  receiving  for  collection  a  bill  of  exchange 
drawn  here  upon  a  person  in  another  State,  is  liable 
for  any  neglect  of  duty  in  its  collection,  arising  from 
its  own  officers,  correspondents  or  agents. — New  York 
Decisions,  2  Wend.  215. 

A  bank  that  receives  from  another  bank,  for  collec- 
tion, a  note  endorsed  by  the  cashier  of  that  bank,  is 
bound  to  present  it  to  the  maker  for  payment,  at  matu- 
rity, and  if  not  paid,  to  give  notice  to  the  bank  from 
which  the  note  is  received,  is  not  bound,  unless  by 
special  agreement,  to  give  notice  to  the  other  parties 
to  the  note. — Mass.  Decisions. 

LIABUiITIES   OF   HOLDERS    OF  CHECKS. 

Checks,  or  Drafts,  are  orders  addressed  to  the  cash- 
ier of  a  bank,  or  a  banker,  directing  him  to  pay  the  sum 
specified  in  the  check  to  the  person  named  in  it,  or 
bearer  [or  order]  on  demand. 

In  point  of  form,  a  check  nearly  resembles  a  bill  of 
exchange,  except  that  it  is  generally  payable  to  bearer, 
and  should  be  drawn  upon  a  bank,  or  regular  banker  ; 
though  this  latter  point  is  not  essential.  When  payable 
to  bearer,  it  is  assignable  by  delivery  only  ;  and  is  pay- 
able instantly  on  presentment,  without  any  days  of 
grace  being  allowed.  But  when  payable  to  order,  it 
must  be  indorsed  before  it  can  be  collected. 

No.                                Traders  Bane. 
f  150.  B ,  Jan.  6,  1851. 

Pay  to  John  Williams,  or  bearer,  one  hundred  and  fifty  dollars. 
To  the  Cashier.  William  Broker. 

It  is  difficult  to  define  what  is  the  due  or  reasonable 
time  within  which  checks  should  be  presented.  A 
man  is  not  obliged  to  neglect  all  other  business,  that 
he  may  immediately  present  one  :  nevertheless  it  is  the 
safest  plan  to  present  it  without  any  avoidable  delay; 
and  if  received  in  the  place  where  payable,  it  had 
better  be  presented  that  day,  or  next  at  furthest. 

Payment  for  a  check  before  due  is  contrary  to  the 
usual  course  of  business  ;  and,  therefore,  when  a  banker 
paid  a  check  a  day  before  it  bore  date,  which  had  been 
lost,  he  was  liable  to  repay  the  amount  to  the  loser. 


DAMAGES   ON   PROTESTED   BILLS  OF   EXCHANGE.     3T 

A  creditor  is  not  bound  to  take  a  check  on  a  bank, 
transmitted  to  him  as  payment  of  his  debt,  and  he  may 
commence  an  action  for  the  debt  while  the  check  is 
yet  in  his  hands. 

A  check  on  a  bank  payable  at  a  future  day,  is  not  a 
bill  of  exchange,  and  requires  no  notice  of  dishonor. 

DAMAQES    ON    PROTESTED    BILLS    OF 
EXCHANGE. 

(As  regulated  by  the  latest  Statutes  of  the  difierent  States.) 

Maine. —  Payable  out  of  the  state,  and  in  New  Hamp- 
shire, Vermont,  Massachusetts,  Rhode  Island,  Con- 
necticut, or  New  York,  3  per  cent ;  in  New  Jersey, 
Pennsylvania,  Delaware,  Maryland,Virginia,  District  of 
Columbia,  South  Carolina  or  Georgia,  6  per  cent ;  and 
at  the  rate  of  9  per  cent  if  payable  in  any  other  state  ; 
and  within  the  state,  at  not  less  than  75  miles  distant, 
in  sums  of  $100  and  over,  1  per  cent.  Payable  out  of 
the  United  States,  10  per  cent. 

New  Hampshire  and  Vermont. — In  these  states  there 
are  no  statute  provisions  on  the  subject.  The  usual 
practice  has  been  to  charge  the  rate  of  damages  exist- 
ing at  the  point  where  the  bill  was  payable. 

Massachusetts. — Payable  out  of  the  United  States, 
except  beyond  the  Cape  of  Good  Hope,  5  per  cent ; 
in  Africa  or  Asia,  beyond  the  Cape,  20  per  cent;  in 
Maine,  New  Hampshire,  Vermont,  Rhode  Island,  Con- 
necticut and  New  York,  2  per  cent ;  in  New  Jersey, 
Pennsylvania,  Delaware  and  Maryland,  3  per  cent ;  in 
Virginia,  District  of  Columbia,  Georgia,  and  North 
and  South  Carolina,  4  per  cent ;  elsewhere  in  the  United 
States  or  Territories,  5  per  cent,  with  interest  and 
costs.  Within  the  state,  not  less  than  75  miles  distant,, 
in  sums  not  less  than  $100,  one  per  cent,  and  interest. 

Rhode  Island. — Payable  without  the  United  States,. 
10  per  cent;  damage,  charges  of  protest,  and  inter- 
est ;  within  the  United  States,  and  out  of  Rhode  Isl- 
and, 5  per  cent. 

Connecticut. — Payable  in  the  City  of  New  York,  2 
per  cent ;  in  New  Hampshire,  Maine,  Vermont,  Mas- 
TG  4 


38     DAMAGES   ON  PROTESTED  BILLS   OF   EXCHANGE. 

sachusetts,  Rhode  Island,  New  York  (out  of  the  city,) 
New  Jersey,  Pennsylvania,  Delaware,  Maryland,  Vir- 
gnia,  or  District  of  Columbia,  3  per  cent.;  in  North 
Carolina,  South  Carolina,  Georgia  or  Ohio,  5  per  cent; 
in  any  other  State  or  Territory,  8  per  cent. 

New  York. — Payable  in  Maine,  New  Hampshire, 
Vermont,  Massachusetts,  Rhode  Island,  Connecticut, 
New  Jersey,  Pennsylvania,  Ohio,  Delaware,  Maryland, 
Virginia  or  District  of  Columbia,  3  per  cent;  in  North 
Carolina,  South  Carolina,  Georgia,  Kentucky  or  Ten- 
nessee, 5  per  cent;  at  any  other  place  in  the  United 
States,  or  on  this  Continent  North  of  the  Equator,  or 
the  West  Indies,  or  elsewhere  in  the  West  Atlantic 
Ocean,  10  per  cent;  in  Europe,  10  per  cent. 

New  Jersey. — [There  are  no  statute  regulations  on 
this  subject  in  this  state.] 

Pennsylvania. — Payable  out  of  this  state  in  the 
United  States  and  Territories,  5  per  cent, — excepting 
the  Californias,  Oregon,  and  New  Mexico,  which  is 
10  per  cent. ;  West  Coast  of  South  America,  15  per 
cent. ;  China,  India,  or  other  parts  of  Asia,  Africa,  or 
Islands  in  the  Pacific  ocean,  20  per  cent ;  Mexico, 
Spanish  Main,  West  Indies,  or  other  Atlantic  Islands, 
East  Coast  of  South  America,  Europe,  and  all  other 
parts  of  the  world  10  per  cent. 

Delaware. — Payable  at  any  place  within  the  United 
States,  out  of  Delaware,  5  per  cent ;  at  any  place  in 
any  foreign  country,  20  per  cent.,  with  costs,  difference 
of  exchange,  and  legal  interest  until  paid. 

Maryland. — Payable  without  the  state,  and  at  any 
place  in  the  United  States  or  Territories  thereof,  8  per 
cent ;  in  any  foreign  country,  15  per  cent ,  and  interest. 

Virginia. — Payable  out  of  the  state,  at  any  place 
within  the  United  States,  or  Territories,  3  per  cent; 
in  any  foreign  country,  10  per  cent. 

North  Carolina. — Payable  in  any  of  the  United 
States,  except  Louisiana,  3  per  cent ;  at  any  other  place 
in  North  America,  on  the  North  West  Coast,  in  the 
West  Indies  or  Bahama  Islands,  10  per  cent;  in  Ma- 
deira, the  Canaries,  the  Azores,  Cape  de  Verds,  or 
other  place  in  Europe  or  South  America,  15  per  cent ; 
in  any  other  part  of  the  world,  20  per  cent. 


DAMAGES   ON   PROTESTED  BILLS   OF  EXCHANGE.     39 

South  Carolina. — Payable  within  the  United  States 
at  any  place  out  of  South  Carolina,  10  per  cent ;  in 
any  other  part  of  North  America,  or  the  West  India 
Islands,  12^  per  cent;  in  any  other  part  of  the  world, 
15  per  cent. 

Georgia. — Payable  within  the  United  States  or  Ter- 
ritories out  of  Georgia,  5  per  cent ;  at  any  place  without 
the  United  States,  10  per  cent.,  with  legal  interest. 

Alabama. — Payable  out  of  the  state,  and  at  any  place 
within  the  United  States,  15  per  cent.,  and  interest; 
in  any  place  beyond  the  United  States,  20  per  cent; 
payable  in  the  state,  and  in  New  Orleans,  5  per  cent. 

Florida. — On  foreign  protested  bills,  5  per  cent. 

Mississippi. — Payable  at  any  place  out  of  the  state, 
within  the  United  States,  5  per  cent;  out  of  the  United 
States,  10  per  cent,  with  charges  and  interest. 

Louisiana. — Payable  at  any  place  out  of  the  state, 
within  the  United  States  or  Territories,  5  per  cent;  at 
any  place  without  the  United  States,  10  per  cent. 

Tennessee. — Payable  without  the  state  at  any  place 
within  the  United  States,  3  per  cent ;  in  any  other 
place  in  North  America,  bordering  on  the  Gulf  of 
Mexico,  or  in  the  West  India  Islands,  15  per  cent;  in 
other  parts  of  the  world,  20  per  cent. 

Kentucky. — On  foreign  bills,  10  per  cent  damages 
are  allowed,  if  demanded  within  18  months.  On  inland 
bills,  damages  are  governed  by  the  law  of  the  place. 

Ohio. — Payable  at  any  place  without  the  United 
States,  12  per  cent ;  within  the  United  States  at  any 
place  out  of  Ohio,  6  per  cent. 

Indiana. — Payable  at  any  place  without  the  United 
Slates,  10  per  cent ;  at  any  place  within  the  United 
Stales  outof  Indiana,  5  per  cent. 

Illinois. — Payable  at  any  place  without  the  United 
States,  10  per  cent;  at  any  place  within  the  United 
States,  and  out  of  Illinois,  5  per  cent. 

Missouri. — Payable  at  any  place  within  the  state,  4 
per  cent ;  out  of  the  state,  and  within  the  United  States, 
10  per  cent;  at  any  place  out  of  the  United  States  or 
Territories,  20  per  cent.  To  entitle  a  party  to  dam- 
ages on  a  bill  drawn  or  negotiated  within  this  state, 
the  bill  should  express  "for  value  received." 


4ld  rsuRT. 

Michigan. — Payable  within  the  states  of  Wisconsin, 
Indiana,  Illinois,  Pennsylvania,  Ohio,  or  New  York,  3 
per  cent;  if  within  the  states  of  Missouri,  Kentucky, 
JMaine,  New  Hampshire,  Vermont,  Massachusetts, 
Rhode  Island,  Connecticut,  New  Jersey,  Delaware, 
Maryland,  Virginia  or  the  District  of  (/olumbia,  5  per 
'Cent;  at  any  other  place  within  the  United  States,  10 
per  cent ;  if  without  the  U.  S.  the  current  rate  of  ex- 
change at  the  time  of  demand,  with  5  per  cent,  damages. 

Arkansas. — Payable  at  any  place  within  the  state,  2 
;per  cent;  in  Alabama,  Louisiana,  Mississippi,  Tennes- 
see, Kentucky,  Ohio,  Indiana,  Illinois,  Missouri,  or  at 
any  point  on  the  Ohio  river,  4  per  cent ;  in  any  other 
place  in  the  United  States,  5  per  cent;  at  any  place 
•out  of  the  United  States,  10  per  cent,  together  with 
costs  and  interest  at  the  rate  of  10  per  cent,  from  the 
date  of  the  protest. 

Wisconsin. — Payable  at  any  place  without  the  United 
States,  20  per  cent ;  out  of  the  state,  but  adjoining 
the  same  within  the  United  States,  5  per  cent ;  in  the 
United  States  not  adjoining  this  state  is  10  per  cent. 

Iowa. — 5  per  cent,  with  interest  and  charges  on  all 
"bills  payable  out  of  the  state. 

California. — Payable  within  the  U.  S.  east  of  the 
Rocky  mountains,  15  per  cent. ;  in  Europe,  or  any 
•foreign  country,  20  per  cent. 

Canadas. — Payable  in  Europe  or  the  West  Indies, 
10  per  cent  damages,  with  six  per  cent  interest;  in 
North  America,  except  the  West  Indies,  4  per  cent 
■damages,  with  six  per  cent  interest. 

District  of  Columbia. — [Similar  rates  to  those  es- 
tablished in  Maryland.] 

USURY. 
Laws  against  usury  prevail  in  all  the  States,  except 
Texas  and  Iowa,  and  subject  the  offender  to  differ- 
ent penalties.  In  New  Hampshire  and  Massachusetts 
the  penalty  for  taking  usurious  interest  is  three  times 
the  amount  of  interest  paid  ;  in  NewYork,  Pennsylvania, 
Delaware,  forfeit  of  the  debt,  and  in  some  states  forfeit 
of  the  interest  paid,  and  in  others  twice  and  three  times 
the  amount  of  the  debt 


Usury.  41 

Nothing  is  legally  usurious  but  what  the  statutes 
piohibit;  a  usurious  contract,  therefore,  must  be  so  by 
express  words,  or  merely  an  evasion  to  avoid  the  stat- 
utes. Therefore  a  bargain  for  an  annuity,  though  un- 
der its  value,  is  not  usurious  ;  yet,  if  the  price  be  man- 
ifestly greatly  under  value,  equity  would  hardly  permit 
the  taking  of  excessive  interest. 

But,  as  the  statutes  of  usury  are  founded  upon  prin- 
ciples of  public  policy,  it  is  not  consistent  with  that 
policy,  that  those  who  make  profit  on  money,  with 
compiratively  little  hazard,  should  have  the  same,  profit 
as  those  who  employ  it  in  hazardous  undertakings ; 
and  a  reasonable  commission,  beyond  legal  interest, 
for  extra  incidental  charges,  as  upon  agency  for  re- 
mittance of  bills,  is  not  held  to  be  usurious. 

But  where  there  is  a  borrowing  and  lending  of  mon- 
ey, and  an  agreement  for  interest,  any  device  to  have 
more  than  legal  interest  is  usurious. 

In  a  question  of  usury,  the  intention  of  the  parties 
gives  character  to  the  transaction,  and  no  matter  what 
the  form,  when  the  real  truth  and  substance  is  a  loan 
of  money  at  usurious  interest,  no  shift  or  device  can 
take  it  out  of  the  law  against  usury. 

Every  case  of  usury  must  depend  on  its  own  circum- 
stances ;  and  the  intention  of  the  parties,  when  it  can 
be  come  at,  and  not  the  words  used,  must  govern. 

Though  the  parties  to  a  usurious  transaction  may 
reform  it  by  cancelling  the  original  security,  and  mak- 
ing a  new  obligation  for  the  amount  due  after  deduct- 
ing the  usury,  they  cannot,  by  any  transaction  between 
them,  render  valid  such  original  security. — Dec.  inN,  Y. 

Accordingly,  where  the  holder  of  a  usurious  mort- 
gage indorsed  thereon  an  amount  equal  to  the  sum 
included  in  it  for  usury,  it  was  held  that  the  mortgage 
was  nevertheless  void,  though  the  indorsement  was 
made  with  the  assent  of  the  mortgagor. — ibid. 

A  bonus  of  ninety  dollars  was  paid  on  a  loan  of  three 
thousand,  and  a  note  given  for  the  amount,  with  inter- 
est payable  semi-annually.  Jury  found  that  the  con- 
tract was  usurious,  and  that  the  forfeiture  was  eight 
hundred  and  ten  dollars,  being  three-fold  the  amount 
of  the  bonus  and  interest  for  one  year. — Mass.  Dec. 

TO  4* 


4^  CONTRACTS  AND  AGREEMENTS. 

LAW   OF    CONTRACTS. 


I. DEFINITION    OP   A    CONTRACT. 

Mr.  CoMYN  defines  a  contract  an  agreement  or  mu- 
tual bargain  between  two  contracting  parties  entered 
into  either  verbally,  that  is  by  word  of  mouth  only,  or 
in  writing.  When  reduced  into  writing,  it  is  either 
subscribed  with  the  hands  and  seals  of  both  the  con- 
tracting parties,  or  merely  with  one  or  both  their  sig- 
natures. Such  contracts  as  are  reduced  into  writing, 
under  hand  and  seal,  are  technically  called  deeds  or 
specialties ;  and  those  which  are  merely  by  parol,  or  in 
writing  not  under  seal,  are  denominated  simple  con- 
tracts. A  written  agreement,  not  under  seal,  is  consid- 
ered as  much  a  simple  or  parol  contract  as  an  agreement 
by  mere  word  of  mouth. 

The  contracts  mostly  in  use  in  commercial  affairs 
are  simple  or  parol  contracts. 

The  chief  legal  distinctions  between  simple  contracts 
and  contracts  by  specialty,  or  deed,  it  will  be  proper 
to  explain. 

1.  In  support  of  an  action  on  simple  contract,  the 
creditor  must  prove  it  was  founded  on  a  sufficient  con- 
sideration, but  in  a  proceeding  on  a  contract  by  deed, 
the  want  of  consideration  forms  no  defence  to  an  ac- 
tion. 2.  A  deed  is  not  affected  by  the  Statute  of 
Limitations  (like  an  instrument  not  under  seal.)  3.  The 
obligation  of  a  deed  can  only  be  avoided  by  a  release 
under  seal,  and  not  by  parol.  4.  And,  lastly,  as  a  spe- 
cial contract  is  considered  a  more  deliberate  and  sol- 
emn engagement  than  by  parol,  the  party  bound  thereby 
is  not  allowed  to  plead  against  any  stipulation  it  con- 
tains, that  it  was  executed  with  a  different  intent  to 
what  the  terms  of  the  deed  itself  import. 

Who  are  capable  of  entering  into  a  Contract. 

Any  person  capable  of  binding  himself  by  contract, 
is  capable  of  entering  into  an  agreement. 

A  person  Non-compos  cannot  enter  into  an  agreement. 
Contracts  made  during  a  state  of  drunkenness  are  void- 
able, upon  the  ground,  that  it  is  a  state  of  tempojary 


OP  SIMPLE  CONTRACTS.  43 

idiocy  or  lunacy.  By  the  common  law  Minors  cannot 
contract,  except  for  necessaries,  such  as  food,  clothing, 
medicine  and  education ;  and  in  judging  of  what  are 
necessaries,  the  comparative  age  and  position  of  the 
party  will  be  considered.  If  one  lend  money  to  a 
minor,  it  would  seem  that  the  borrower  would  not  be 
bound,  though  he  lay  it  out  on  necessaries,  as  the  ne- 
cessity is  judged  of  from  the  nature  of  the  contract,  not 
from  what  the  minor  may  do  in  consequence  of  it.  A 
Wife,  during  intermarriage,  is  incapable,  without  her 
husband's  consent,  of  acting  on  an  agreement ;  except 
with  respect  to  such  real  and  personal  property  as  is 
secured  to  her  by  deeds  of  trust.  No  sum  exceeding 
one  dollar  can  be  recovered  of  a  Seaman  in  the  mer- 
chant service,  for  a  debt  contracted  during  the  time  he 
shall  actually  belong  to  any  ship  or  vessel,  until  the 
Toy  age  be  ended. 

II. OF    SIMPLE    CONTRACTS. 

He  who  parts  with  his  money,  property,  or  money's 
worth,  whether  by  way  of  sale,  loan,  or  hire,  to  another, 
or  gives  his  labor,  or  executes  work,  or  does  or  per- 
forms any  services  for  another  on  the  faith  of  a  promise, 
either  express  or  implied,  of  payment  or  remuneration, 
ought  to  take  care  to  be  in  a  position  to  prove,  not  only 
the  promise,  if  express,  but  the  consideration  upon 
which  such  promise  was  founded. 

Thus  he  ought  to  be  able  to  prove  the  actual  loan 
and  delivery  of  money  lent,  or  payment,  if  paid  to  or 
for  another,  and  at  his  request,  the  delivery  of  goods 
or  property  sold  or  hired,  or  the  work,  labor,  or  ser- 
vices, performed  ;  and  that  by  a  witness  totally  uninter- 
ested in  the  subject  matter  of  loan,  payment,  sale,  hire, 
or  service,  and  not  incapacitated  from  giving  evidence 
on  his  behalf. 

A  wife  at  all  times  and  under  all  circumstances  is 
incapable  of  being  a  witness  on  behalf  of  her  husband, 
except  in  certain  cases  where  she  acts  as  his  agent. 

One  partner  cannot  be  a  witness  for  his  copartner, 
if  the  subject  matter  in  litigation  be  co-partnership 
property  ;  or  if  the  partner  has  any  interest  in  it. 


44  WRITTEN    CONTRACTS. 

And  indeed  any  one  who  has  an  interest  in  the  mat- 
ter litigating,  is  generally  an  incompetent  person  to  give 
evidence  respecting  it. 

In  all  actions  for  the  amount  or  price  of  goods,  or 
other  personal  property  sold,  the  following  may  be  con- 
sidered as  necessary  to  be  established  on  the  part  oi 
him  who  seeks  to  establish  the  debt.  The  order  or 
agreement  to  purchase  of  the  party  from  whom  pay- 
ment is  bought,  or  the  order  or  agreement  to  purchase 
on  his  behalf  by  some  other  person  legally  authorized 
by  him  to  give  such  order  or  make  such  purchase,  and 
the  time  or  date  of  such  order  or  agreement ;  the  price 
or  amount  agreed  on,  and  promised  to  be  paid ;  the 
time  agreed  on  for  payment,  if  at  a  period  subsequent 
to  the  delivery  of  the  goods  or  other  property  to  the 
purchaser,  as  his  lawfully  authorized  attorney  or  agent, 
or  to  another  person,  by  the  order  of  such  purchaser 
or  agent, — and  the  value  of  the  goods  or  other  property 
sold  and  delivered. 

Where  the  subject  of  the  contract  is  work  or  labor 
performed,  or  services  rendered,  the  points  necessary 
to  be  established  are,  the  hiring  or  engaging,  the  sum, 
or  amount  of  wages  or  salary  at  which  hired,  the  per- 
formance of  the  work  or  services  contracted  for  ;  and 
that  in  a  proper  and  workmanlike,  or  due  and  faithful 
manner,  and  within  the  time  specified,  if  time  has  been 
made  a  part  of  the  contract ;  and  the  value  of  the  work, 
labor,  or  services  done  or  performed,  in  case  of  failing 
to  establish  a  sum  agreed  on  for  it. 

HI. OF    WRITTEN    CONTRACTS. 

One  of  the  chief  regulations  for  the  government  of 
trading  transactions  is  that  contained  in  the  Statute  of 
Frauds,  so  called,  which,  originally  enacted  in  Eng- 
land, has  been  substantially  copied  into  almost  all  the 
States  of  the  Union.  It  provides,  that  "  No  contrax,tfor 
the  sale  of  goods,  wares,  and  merchandize,  for  the  price 
of  ten  pounds*  sterling,  or  upwards,  shall  be  allowed  to 
he  good,  except  the  buyer  shall  accept  of  part  of  the  goods 
so  sold,  and  actually  receive  the  same,  or  give  something 

*  In  Maine  and  Missouri  it  is  $30.00 ;  New  Hampshire  33 ;  Connecticut  35; 
Vermont  40 ;  Massachusetts,  Wisconsin  and  New  York  50. 


WRITTEN   CONTKACTS. 


45 


in  earnest  to  bind  the  bargain,  or  in  part  payment ;  or 
that  some  note  or  memorandum  in  writing  of  the  said 
bargain  be  made  and  signed  by  the  parties  to  be  charged, 
or  their  agents  thereunto  lawfully  authorized." 

It  is  not  necessary,  however,  that  the  memorandum 
should  be  signed  by  both  parties.  It  is  sufficient  if  the 
name  of  the  party  charged  appear  thereupon  ;  and  he 
will  be  bound,  not  only  when  it  is  signed  by  him,  but 
whenever  his  name  is  written  or  printed  within  the 
body  thereof,  by  his  own  order,  or  with  his  consent. 

The  Statute  also  provides  that  no  action  shall  be 
brought  in  the  following  cases :  — 

I^rst,  to  charge  any  executor  or  administrator,  upon 
any  special  promise  to  answer  damages  out  of  his  own 
estate,  or, 

Secondly,  to  charge  any  person,  upon  any  special 
promise  to  answer  for  the  debt,  default,  or  misdoings 
of  another :  or 

Thirdly,  to  charge  any  person,  upon  any  agreement 
made  upon  consideration  of  marriage:  or 

Fourthly,  upon  any  contract  for  the  sale  of  lands, 
tenements,  or  hereditaments,  or  any  interest  in  or 
concerning  them :  or 

Fifthly,  upon  any  agreement  that  is  not  to  be  per- 
formed within  one  year  from  the  making  thereof;  un- 
less the  promise,  contract  or  agreement,  upon  which 
such  action  shall  be  brought,  or  some  memorandum  or 
note  thereof,  shall  be  in  writing,  and  signed  by  the 
party  to  be  charged  therewith,  or  by  some  person  by 
him  lawfully   authorized. 

In  Maine,  Massachusetts,  and  Vermont,  no  person  is 
liable  by  reason  of  any  representation,  recommendation, 
or  assurance,  made  concerning  the  character,  conduct, 
credit,  ability,  trade  or  dealings  of  any  other  person, 
unless  such  representation  or  assurance  be  made  in  wri- 
ting, and  signed  by  the  party  to  be  charged  thereby. 

JVoK.— In  MassacliQsens,  Maine,  Vermont,  Michigan,  Ohio  and  N.  Yoric, 
a  new  promiic,  by  a  debtor,  to  pay  a  debt,  which  has  iieen  running  more 
than  six  years,  and  which  cannot  therefore  be  collected  wiihout  a  renew- 
al of  the  promi&e,  must  be  in  im'd'n^,  signed  by  the  debtor,  otherwise  it 
will  be  of  no  force.  In  some  stales,  a  mere  verbal  promise  is  sufficient. 
[  See,  Art.  Limitations  of  Actions,  and  Fart  11,  on  En/orcing  Payment  ofDtbts.] 


4^ 


WRITTEN    CONTRACTS. 


The  advantages  of  reducing  all  contracts  and  agree- 
ments into  writing  must  be  evident  to  every  thinking 
mind,  and  that  from  a  principle  which  all  acknowledge, 
and  to  a  certain  extent,  act  up  to  —  that  of  reducing 
everything,  as  far  as  practicable,  to  certainty.  If  a 
contract  is  reduced  to  writing,  a  denial  of  it  becomes 
impossible,  from  even  the  most  unprincipled ;  and 
forgetfulness  of  it,  by  one  side,  immaterial ;  since  the 
proof  of  its  having  been  entered  into  is  in  the  possession 
or  power  of  the  other  side ;  and  any  disagreement  as  to 
its  nature,  terms  or  conditions,  will  be  less  liable  to 
arise  than  if  left  to  unassisted  memory. 

And  it  should  be  matter  of  peculiar  attention,  in  a 
written  contract,  that  all  particulars  and  material  cir- 
cumstances connected  with  it  are  embodied  in  it.  With 
a  view  to  certainty  it  should  ever  be  borne  in  mind 
that,  where  parties  themselves  make  and  fix  their  own 
terms,  it  is  to  be  and  is  presumed  that  they,  knowing 
their  own  intentions  and  engagements,  will  provide  for, 
express,  and  settle  them  ;  and  therefore  where  a  con- 
tract, the  terms  of  which  have  been  expressly  fixed  by 
the  parties,  is  brought  before  a  court  of  law,  if  it  should 
turn  out  that  one  of  the  parties  to  it  had  omitted  to 
cause  a  clause  to  be  inserted,  providing  for  a  contin- 
gency which  has  subsequently  happened,  he  will  be 
without  a  remedy  ;  the  court  not  rectifying  the  errors 
or  supplying  the  omission  of  the  parties,  but  giving 
effect  to  the  contract  as  it  actually  and  really  subsists. 

If  the  terms  of  a  written  contract  are  ambiguous, 
they  may  be  explained  verbally  ;  but  no  evidence  to 
contradict  what  is  written,  by  showing  that  the  parties  at 
the  time  intended  something  different,  can  be  offered, 
unless  there  has  been  fraud. 

It  is  not  necessary  that  the  terms  and  conditions  of 
a  contract,  when  in  writing,  should  all  be  specified  in 
the  same  document ;  they  may  be  contained  in  several 
papers,  such  as  letters,  from  which  the  whole  terms 
may  be  collected  ;  it  must,  however,  be  clear  that  there 
is  a  distinct  agreement  between  the  parties — that 
there  has  been  a  proposal  on  one  side,  and  an  accept- 
ance of  such  proposal  on  the  other. 


WRITTEN   CONTRACTS.  47 

1st. —  Contracts  must  be  founded  on  some  consideration. 

All  contracts  are  void  unless  founded  on  some  con- 
sideration. A  valid  and  sufficient  consideration  or 
recompense  for  making,  or  motive  or  inducement  to 
make  the  promise  upon  which  a  party  is  charged,  is  of 
the  very  essence  of  a  contract  not  under  seal,  and  must 
exist,  although  the  contract  be  reduced  into  writing ; 
otherwise  the  promise  is  void,  and  no  action  can  be 
maintained  thereon. 

All  promises,  therefore,  which  are  wholly  gratuitous, 
are  void  for  want  of  consideration.  To  make  a  promise 
binding,  the  party  making  the  promise  must  have  ob- 
tained some  advantage,  or  the  party  to  whom  it  is  made 
must  have  suffered  some  loss  or  sustained  some  injury 
and  inconvenience,  in  consequence  of  the  one  party 
making  and  the  other  accepting  the  promise. 

It  is  not,  however,  necessary,  in  order  to  constitute 
a  sufficient  consideration,  that  a  benefit  should  accrue 
to  the  person  making  the  promise  ;  it  is  sufficient  that 
something  valuable  flows  from  the  person  to  whom  it  is 
made,  and  that  the  promise  is  the  inducement  to  the 
transaction.  Thus,  where  a  benefit  is  done  to  a  third 
person,  at  the  request  of  the  promiser,  it  is  sufficient  to 
support  the  promise. 

Inadequacy  of  consideration  will  not  render  a  prom- 
ise of  no  force  ;  for  if  a  contract  is  deliberately  made, 
without  fraud,  and  with  a  full  knowledge  of  all  the  cir- 
cumstances, the  least  consideration  will  be  sufficient. 
2rf. — Promise  to  pay  the  Debt  of  another,  when  Binding. 

It  has  been  seen,  that  a  promise  to  pay  the  debt  of 
a  third  person  must  be  in  writing,  or  it  is  of  no  force. 

It  is  not  necessary,  however,  that  the  promise  should 
be  in  writing,  if  the  party  sought  to  be  charged  has 
acted  and  been  treated  as  the  principal  debtor,  and  not 
merely  as  surety  for  the  debt  of  a  third  person. 

Thus,  the  sale  may  be  to  one  man,  although  the 
goods  are  to  be  delivered  to  another,  and  a  person  may 
promise  as  the  real  debtor,  and  not  in  the  character  of 
a  surety,  to  pay  for  goods  supplied  to  or  for  work  done 
at  his  request,  or  by  his  directions  for  a  third  party ; 
and  if  he  has  been  treated  by  the  person  who  furnished 


48  WRITTEN   CONTRACTS. 

the  goods  or  did  the  work,  as  the  party  liable,  and 
credit  has  been  given  to  him,  his  promise  or  under- 
taking to  pay  is  not  a  collateral  promise  to  answer  for 
the  debt  of  another. 

In  order  to  determine  whether  the  party  giving  the 
undertaking  or  making  the  promise  of  payment  is  pri- 
marily or  collaterally  liable,  the  attending  circum- 
stances and  the  situation  of  the  parties  must  be  re- 
garded, as  well  as  the  exact  expressions  used.  If  the 
seller  has  made  the  party  to  whom  the  goods  have  been 
furnished  his  debtor,  if  he  describes  him  as  such  in  his 
books,  or  in  letters,  he  can  only  treat  the  other  as  a 
surety,  and  his  promise  to  be  binding  must  be  in  writ- 
ing. "  I  always,"  said  an  eminent  judge,  "  require 
the  tradesman  to  produce  his  books  to  see  to  whom 
credit  has  been  given."  (2  C.  &  M.  430.) 

A  promise  to  pay  the  debt  of  a  third  person  must 
not  only  be  in  writing,  but  it  must  be  for  a  valuable 
consideration.  The  following  examples  will  explain 
what  is  requisite  to  make  such  a  promise  valid : — 

As  my  brother  owes  you  $28  for  boots  and  shoes,  I  will  pay  you  that 
sura  for  him  on  the  1st  of  next  month. 

Thos.  No'akks. 
To  Mr.  Jones.  1st  Jan.,  1850. 

This  written  undertaking  is  not  binding,  because  it 
is  for  the  debt  of  another  person,  which  is  already  in- 
curred, and  there  is  no  new  consideration  to  support  it. 
Had  it  been  thus  worded  : — 

In  consideration  of  your  undertaking  not  to  arrest  my  brother,  (who  is 
about  to  leave  the  state,)  for  the  debt  of  $28  which  he  owes  you  for  boots 
and  shoes,  I  hereby  undertake  to  pay  the  amount  on  the  1st  of  next  month. 

Thos.  Noakes. 

To  Mr.  Jones.  1st  Jan.,  1850. 

it  would  have  been  valid ;  because  the  consideration 
for  it  was  the  forbearing  to  arrest  the  brother.  So  a 
promise  thus  worded  : — 

To  Messrs.  A.  &  B. —  Gentlemen, — I  hereby  tuidertake  to  pay  for  any 
goods  which  you  may  deliver  to  Mr.  S." 

would  be  valid;  as  it  is  evident  that  A.  &  B.  delivered 
the  goods  to  S.  on  the  above  undertaking ;  and  it  is 
the  undertaking  which  is  the  consideration  for  the  de- 
livery of  the  goods. 

Anything,  however  trifling,  done  by  one  party  for 
the  benefit  of  the  other,  will  be  a  legal  consideration. 


VERBAL   CONTRACTS.  49 

IT. OF    VERBAL   CONTRACTS. 

These  are  either  express  or  implied. 

By  express  contracts  are  meant  those  wherein  noth- 
ing is  left  to  be  implied  or  supposed,  but  the  terms  of 
which  are  fixed  and  expressed  by  the  parties  to  such 
contracts,  being  created  by  the  words  of  such  parties. 

As  if  A  undertakes  to  perform  a  certain  act,  as  to 
build  a  house  for  a  given  sum,  this  is  an  express  con- 
tract. 

By  implied  contracts  are  meant  such  wherein  the 
terms  thereof  really  exist,  though  no  expression  of  as- 
sent thereto,  or  adoption  thereof,  has  been  given  by 
the  contracting  parties ;  it  being  supposed  by  the  law, 
to  have  been  their  meaning  and  intention  to  make 
those  terms  ;  and,  therefore,  the  law  implies  such.  For 
example  — 

If  A  employs  B  to  build  a  house,  for  which  B  is  to 
be  paid  a  fair  and  reasonable  sum,  it  is  not  sufficient 
that  B  performs  his  part  of  the  contract  by  running  up, 
in  an  improper  and  unworkmanlike  manner  the  four 
walls,  and  other  necessary  parts  of  the  building;  in  the 
absence  of  all  agreement  on  the  subject,  there  is  an 
implied  contract  on  his  part  to  build  such  house  in  a 
proper  and  workmanlike  manner.  This  is  an  implied 
contract.  Again,  on  the  indorsement  of  a  bill  of  ex- 
change, it  is  implied  that,  if  the  drawer  or  acceptor  do 
not  pay  the  amount  of  it  to  him  to  whom  it  is  indorsed, 
the  indorser  will  pay  it  on  having  due  notice  of  its  non- 
payment. 

Proof  of  a  verbal  agreement  will  be  admitted  both  in 
law  and  equity  to  control  a  written  agreement,  when 
the  detection  of  fraud  renders  such  proof  necessary, 
but  not  otherwise. 

A  sealed  contract  may  be  waived  by  a  new  verbal 
agreement.  Where  a  plaintiff,  by  an  instrument  un- 
der seal,  agreed  to  erect  a  building  at  a  fixed  price, 
which  was  not  an  adequate  compensation,  and  after 
part  fulfilment,  refused  to  proceed,  and  the  defendant, 
as  an  inducement,  told  him  that  he  should  be  paid  for 

TO  5 


50  EXPRESS   CONTRACTS. 

his  labor  and  materials,  and  should  not  sufter, — and 
he  went  on  and  finished  the  building,  it  was  held  that 
he  was  entitled  to  recover  in  assumpsit  upon  the  parole 
promise.    (9  Pick.  298.) 

V. OF    EXPRESS    CONTRACTS. 

Where  there  is  an  express  contract  no  different  con- 
tract can  be  implied  ;  the  courts  of  law  dealing  with 
an  express  contract  in  the  same  manner  as  if  it  had 
been  reduced  to  writing,  with  this  difference,  that  every 
verbal  contract  is  open  to  objection,  and  to  be  opposed 
by  parol  evidence,  that  is,  evidence  by  word  of  mouth. 
A  verbal  contract  slated  by  one  party  to  have  been 
made  in  certain  precise  terms  may  be  denied  by  the 
other  side  to  have  been  so  made,  and  though  truth  may 
ultimately  prevail,  (we  say  "  may,"  for  it  is  not  possible 
always  to  arrive  at  the  truth  ;  and  if  the  truth  cannot 
be  arrived  at,  and  some  decision  must  be  come  to,  that 
decision  will  be  made  according  to  what  is  proved,  and 
that  will  be  taken  to  be  the  truth,  though  possibly  it 
may  not  be,)  yet  there  is  a  possibility  of  difficulty  and 
doubt  in  all  verbal  contracts;  and,  therefore,  they  can- 
not, even  though  express,  be  reduced  to  the  same 
certainty  as  written  contracts. 

It  may  be  laid  down,  that  every  contract  or  engage- 
ment entered  into  between  two  or  more  parlies,  in 
which  they  themselves  provide  for  and  fix,  though 
verbally,  the  terms  and  conditions  of  the  contract  or 
engagement,  without  leaving  any  part  of  it  to  implica- 
tion, or  to  be  supplied  by  presumption  of  law,  may  be 
called  express. 

And  some  contracts,  though  express,  may  involve,  in 
addition  to  the  express  contract,  an  implied  one;  but 
such  implied  contract  cannot  be  different,  or  contrary 
to,  or  inconsistent  with,  the  express  contract.  For 
example : — 

In  the  instance  before  stated  of  a  builder  engaging 
to  build  a  house  for  a  given  sum  ;  this  is  an  express 
contract,  and  this  farther  implied  contract  is  involved 
therein,  though  not  expressed  (if  the  consideration  be 
fair  and  reasonable),  that  he  shall  do  the  work  in  a 
proper  and  workmanlike  manner. 


IMPLIED  CONTRikCyS.  51 

VI. OP   IMPLIED    CONTRACTS. 

Implied  contracts  are  those  which  arise,  not  from 
the  special  agreement  of  the  parties,  but  from  the  cir- 
cumstances of  the  case.* 

If  I  employ  a  person  to  transact  any  business  for 
me,  or  perform  any  work,  the  law  implies  that  I  under- 
took to  pay  him  so  much  as  his  labor  deserved. 

If  one  take  up  goods  or  wares  of  a  tradesman,  without 
expressly  agreeing  for  the  price,  there  is  an  implied 
understanding  that  the  value  of  them  shall  be  paid. 

Another  implied  undertaking  is  when  one  has  re- 
ceived money  belonging  to  another,  without  a  consid- 
eration given  on  the  receiver's  part ;  for  the  law  con- 
strues the  money  received  for  the  use  of  the  owner 
only,  and  implies  that  the  person  so  receiving  it,  un- 
dertook to  account  for  it  to  the  owner.  And  if  he 
unjustly  detain  it,  damages  may  be  recovered.  So, 
money  paid  by  mistake,  or  on  a  consideration  which 
happens  to  fail,  or  through  imposition,  extortion,  or 
oppression,  or  where  any  undue  advantage  is  taken, 
may  be  recovered  back. 

When  a  person  has  laid  out  and  expended  his  own 
money  for  the  use  of  another,  at  his  request,  the  law 
implies  a  promise  of  repayment. 

Upon  a  stated  account  between  two  merchants  or 
other  persons,  the  law  implies  that  he  against  whom  the 
balance  appears,  has  engaged  to  pay  it  to  the  other, 
though  there  be  not  any  actual  promise.  Actions, 
however,  to  compel  a  person  to  bring  in  and  settle  his 
account  are  now  seldom  used  ;  the  most  effectual  way 
to  settle  these  matters,  is  to  file  a  bill  in  equity,  when  a 
discovery  may  be  had  on  the  defendant's  oath,  without 
relying  merely  on  the  evidence  which  the  plaintiff  may 
be  able  to  produce. 

Every  one  who  undertakes  any  office,  employment, 
trust,  or  duty,  such  as  a  public  officer,  banker,  an  at- 
torney, carrier,  wharfinger,  factor,  or  the  like,  contracts 
with  those  who  employ  or  entrust  him,  to  perform  it 
with  integrity,  diligence  and  skill.   And  if,  by  the  want 

•  This  law  also  applies  lo  ihe  rights  and  liabilities  of  Common  Carriert  ! 
a  subject  fully  treated  in  the  "  Shipper's  and  Carrier's  Assisiant,  and  Ma> 
liue  and  Inland  Insurer's  Guide,"  one  of  this  series.    Price  25  cents. 


52  IMPLIED   CONTRACTS. 

of  either  of  these  qualities,  any  injury  accrues  to  indi- 
vuluals,  they  have  their  remedy  and  damages  by  a 
special  action  on  the  case. 

With  an  innkeeper,  there  is  an  implied  contract  to 
secure  his  £;uest's  goods  in  his  inn ;  with  a  common 
carrier,  to  be  answerable  for  the  goods  he  carries ;  with 
a  common  farrier,  that  he  shoes  a  horse  well  without 
laming  him ;  with  a  tailor,  shoemaker,  or  other  work- 
man, that  he  performs  his  business  in  a  workmanlike 
manner ;  with  a  consignee  that  he  will  be  vigilant  and 
careful  in  receiving  and  forwarding  goods  entrusted  to 
his  care  ;  and,  upon  refusal  to  receive  goods  consigned 
to  him,  he  would  be  liable  to  the  owner  for  any  loss 
occasioned  thereby.   (6  W.  &,  S.  66.) 

If  any  one  cheat  me  by  false  weights  and  measures, 
or  by  selling  one  commodity  for  another,  an  action 
lies  for  damages  upon  the  contract ;  since  the  law  im- 
plies that  every  transaction  ought  to  be  fair  and  honest. 

In  contracts  in  sales,  it  is  constantly  understood  that 
the  seller  undertakes  that  the  commodity  is  his  own.  In 
contracts  for  provisions,  it  is  implied  that  they  arewhole- 
some  ;  otherwise,  in  either  case,  action  lies  for  damages. 

When  silence  may  be  construed  into  an  a-greement. 

Silence  may  sometimes  be  construed  into  assent,  as 
when  a  person  is  fully  aware  of  what  is  doing  affecting 
his  interest,  and  he  makes  no  objection.  Thus,  if  a 
man  is  present  when  a  bargain  is  made,  in  which  he  is 
^concerned,  and  he  says  nothing,  though  it  appears  that 
he  is  neither  awed  into  silence,  nor  in  any  way  hindered 
from  speaking,  and  that  he  is  aware  of  the  nature  of 
his  interest.    {Powel  on  Con.,  132.) 

So  where  a  man  sends  his  servant  to  buy  upon  trust, 
he  is  liable  upon  the  servant's  bargains.  So  where  it 
cannot  be  proved  that  the  servant  was  sent,  but  that  his 
master  knew  he  was  in  the  habit  of  taking  up  goods 
upon  his  (the  master's)  account,  he  will  be  liable,  (ih.) 

Where  a  man  does  not  know,  and  cannot  know  the 
nature  of  the  engagement  that  he  enters  into,  it  is  a 
general  rule  that  his  assent  shall  be  valid  when  it  is 
altogether  in  his  favor,  (ib.  138.) 

Ignorance  or  error  will  in  general  invalidate  an  as- 


SALE   AND  CONVEYANCE   OF   ESTATES.  63 

sent,  as  where  the  matter  of  the  bargain  is  falsely 
explained.  This  is  always  the  case  when  there  is  de- 
ception upon  the  face  of  the  bargain,  (ib.  150.) 

VII. SALE  AND  CONVEYANCE  OF  ESTATES. 

As  a  general  principle,  the  law  affords  no  redress  for 
oversights  committed  in  the  purchase  of  estates,  which 
might  have  been  avoided  by  ordinary  judgment  and 
vigilance.  But  if  the  vendor,  knowingly,  conceal  latent 
defects,  either  as  regards  the  estate  or  its  title,  he  can- 
not compel  the  execution  of  the  contract,  though  the 
estate  be  sold  expressly  subject  to  all  its  faults. 

A  conveyance  obtained  for  an  inadequate  considera- 
tion, from  one  not  conscious  of  his  right,  by  a  person 
who  had  notice  of  such  right,  will  be  set  aside,  though 
no  actual  fraud  is  proved.  But  if  there  be  no  fraud  in 
the  transaction,  mere  inadequacy  of  price  would  not  be 
deemed  sufficient,  even  in  equity,  to  vacate  a  contract. 

If  it  be  falsely  asserted  that  a  valuation  has  been 
made  of  an  estate  at  a  higher  price  than  really  was  the 
case,  the  purchaser  is  not  bound  to  .complete  the  pur- 
chase. So  if  the  particulars  of  the  sale  of  a  house 
describe  it  to  be  in  good  repair  when  it  is  not  so,  the 
purchaser  need  not  fulfil  the  purchase,  unless  there  be 
time  to  complete  the  repairs  before  his  right  of  posses- 
sion commences.  A  false  affirmation  of  the  amount  of 
rent  would  relieve  the  purchaser. 

In  cases  of  sales  and  purchases  of  estates,  the  con- 
tract for  the  sale  or  purchase  must  be  in  writing,  and 
must  be  signed  by  the  parties  interested,  or  their  agents, 
and  must  contain  all  the  terms  of  the  agreement,  such 
as  the  names  of  the  parties  concerned,  the  property  to 
be  sold,  and  the  consideration  to  be  given, 

VIII. PURCHASE,    SALE,    AND    DELIVERY    OF    GOODS. 

If  one  person  agrees  with  another  for  goods  at  a  cer- 
tain price,  he  may  not  carry  them  away  before  he  haa 
paid  for  them ;  for  it  is  no  sale  without  payment,  unless 
the  contrary  be  expressly  agreed.  And,  therefore,  if 
the  seller  says,  the  price  of  the  goods  is  ten  dollars,  and 
the  buyer  says  he  will  give  ten  dollars,  the  bargain 
is  struck,  and  neither  of  them  is  at  liberty  to  be  off, 
TO  5* 


54         PURCHASE,    SALE,    AND   DELIVERY    OF   GOODS. 

provided  immediate  possession,  or  payment,  be  tend- 
ered by  the  other  side.  But  if  neither  the  whole  nor 
any  part  of  the  money  be  paid,  nor  the  goods  nor  any 
part  of  them  delivered,  nor  an  offer  made,  nor  the 
agreement  put  in  writing,  it  is  no  sale,  and  the  owner 
may  dispose  of  the  goods  as  he  pleases. 

No  sale  is  complete,  so  as  to  vest  in  the  buyer  an 
immediate  right  of  property,  so  long  as  anything  re- 
mains to  be  done  between  the  seller  and  the  buyer  in 
relation  to  the  goods,  such  as  counting,  weighing,  or 
measuring.  But  when  either  are  done,  so  that  the  arti- 
cles are  separate  and  distinct,  the  bargain  is  struck,  and 
the  property  of  the  goods  is  vested  in  the  vendee,  and 
remains  at  his  risk. 

So,  if  a  horse  die  in  the  interval  of  sale  and  delivery, 
the  conditions  of  the  statute  having  been  complied  with, 
the  vendor  is  entitled  to  his  money,  though  no  actual 
change  of  property  has  taken  place. 

It  is  important  to  know,  at  what  time,  and  by  what 
means,  the  property  in  the  thing  sold  is  transferred 
from  the  seller  to  the  purchaser,  and  becomes  vested 
in  the  latter.  The  question  becomes  of  consequence, 
in  deciding,  at  whose  risk  the  goods  were  at  the  time 
of  their  loss, — when  the  lien  of  the  vendor  for  the  pur- 
chase money  ceases — and  what  is  a  sufficient  delivery 
to  take  the  case  out  of  the  statute  of  frauds,  (i.  e.  of 
preventing  the  necessity  of  having  the  sale  in  writing.) 

The  most  simple  mode  of  transfer  is  by  the  actual 
delivery  of  the  goods  sold  by  the  vendor  to  the  vendee ; 
but  it  is  often  a  matter  of  some  difficulty  to  ascertain 
what  particular  facts  amount  to  a  delivery. 

If  part  of  the  goods  have  been  prepared,  and  are 
then  lost,  the  buyer  must  bear  the  loss.  Thus,  where 
a  certain  number  of  casks  partly  filled  with  turpentine 
were  sold,  and  by  the  terms  of  sale,  the  casks  were  to 
be  filled  up,  and  in  pursuance  thereof  part  of  them 
were  filled,  when  the  whole  were  lost,  it  was  held  that 
as  to  the  casks  that  were  full  the  purchaser  must  bear 
the  loss,  and  as  to  the  others,  no  property  had  passed 
and  they  were  at  the  risk  of  the  seller. 

If  the  goods  are  sold  upon  credit,  and  nothing  is 


PURCHASE,    SALE,    AND   DELIVERY    OF    GOODS.        55 

agreed  upon,  as  to  the  time  of  delivering  the  goods, 
the  vendee  is  immediately  entitled  to  the  possession  ; 
this  right  of  the  purchaser  may  however  be  defeated 
by  his  becoming  insolvent. 

The  question  of  the  delivery  of  the  goods  to  the 
purchaser  or  when  they  are  deemed  to  be  in  his  pos- 
session becomes  very  important  in  cases  of  insolvency ; 
for  though  goods  are  sold  upon  credit,  and  have  actu- 
ally been  sent  to  the  purchaser,  yet  if  the  latter  becomes 
insolvent,  the  seller  may  stop  the  goods,  and  hold  them 
as  security  for  the  purchase  money,  at  any  time  before 
they  are  delivered  to  the  buyer,  or  come  into  his  pos- 
session.    This  is  called  stoppage  in  transitu.    • 

The  delivery  of  a  cent  or  glove  is  sufficient  earnest 
within  the  statute. 

A  sample,  if  it  diminishes  the  bulk  of  the  commodity 
to  be  finally  delivered,  is  a  sufficient  delivery  ;  but  if 
it  be  considered  only  as  a  specimen,  forming  no  portion 
of  the  commodity,  the  delivery  and  acceptance  will  not 
be  sufficient ;  the  delivery  of  a.  bill  of  parcels  ;  or  of  the 
receipt,  ticket,  sale-note,  certificate,  or  stamp,  will  be 
sufficient  constructive  delivery.  And  also  as  respects 
bulky  articles,  the  delivery  of  the  key  of  the  warehouse 
in  which  goods  are  deposited ;  the  marking  the  pur- 
chaser's name  on  the  goods  ;  the  payment  of  warehouse 
rent ;  the  assignment  of  a  ship  or  bill  of  lading  of  goods 
at  sea;  the  sale  of  lumber  lying  on  a  wharf;  or  of  logs 
lying  within  a  boom,  6lc. 

Delivery  of  goods  to  an  agent  of  the  purchaser,  such 
as  a  carrier,  if  with  the  knowledge  and  assent  of  the 
purchaser,  is  sufficient. 

Where  an  article  is  not  in  existence,  but  is  to  be 
manufactured  or  made,  no  property  passes  to  the  pur- 
chaser until  it  is  finished  and  ready  to  be  delivered  to 
him,  though  made  by  his  special  order,  or  even  if  the 
price  should  have  been  already  advanced.  Until  the 
thing  is  accepted  by  the  purchaser,  he  acquires  no 
property  in  or  right  to  claim  it ;  and  the  maker  may, 
if  he  choose,  dispose  of  it  to  another  person.  But  if 
made  under  the  superintendence  of  a  person  appointed 


5G  WARRANTY    OF    GOODS. 

by  the  purchaser,  or  if  he  find  the  materials,  he  would 
have  a  claim  for  the  amount  paid  for  the  materials  fur- 
nished, or  the  cost  incurred  for  superintendence. 

The  note  or  memorandum  of  a  bargain  must  state 
the  price  for  which  the  goods  weje  sold.  An  order  for 
goods  on  "  moderate  terms "  is  a  sufficient  memo- 
randum. (5  B.  &  C.  583.) 

The  meaning  of  a  variety  of  documents  may  betaken 
conjointly  to  prove  a  sale. 

In  the  absence  of  any  agreement,  it  is  the  duty  of 
the  buyer  to  take  the  goods,  and  when  the  seller  has 
done  all  that  he  is  to  do,  the  goods  will  remain  in  his 
possession  at  the  risk  of  the  buyer. 

But  although  in  such  case,  it  is  the  duty  of  the  buyer 
to  call  and  take  the  goods,  and  they  remain  at  his  risk, 
yet  unless  the  sale  was  made  upon  credit,  he  will  not 
be  entitled  to  possession  of  the  property,  without  first 
paying  or  tendering  the  price. 

It  is  the  duty  of  the  seller  to  perform  his  share  of 
the  contract,  by  delivering  the  property.  If  he  refuse, 
the  purchaser  may  bring  assumpsit  for  non-delivery. 
In  doing  so  he  must  prove  that  he  has  performed  all  the 
conditions  incumbent  on  him ;  especially  that  he  has 
paid,  or  tendered  payment  of  the  price,  unless  the  sale 
be  on  credit.  In  thislatter  case  the  vendor  has  no  lien, 
and  cannot  refuse  delivery,  except  the  goods  be  left  in 
his  possession  until  the  period  of  credit  expires.  It  is 
the  duty  of  the  purchaser  first  to  take  delivery  of  the 
goods,  and  then  to  pay  for  them.  The  vendor,  if  he 
have  performed  his  share  in  the  contract,  may  sue  him, 
for  goods  bargained  and  sold,  if  the  property  be  deliv- 
ered, in  which  form  he  will  recover  his  entire  price,  or 
specially  upon  the  contract,  in  which  case  he  will  re- 
cover the  amount  of  damages  he  has  actually  sustained. 

With  respect  to  exchanges,  there  is  no  difference 
between  sales  and  exchanges,  but  a  delivery  on  one  or 
both  sides  is  essential  to  establish  the  contract. 

IX. WARRANTY    OP    GOODS. 

In  all  cases  of  express  warranty,  if  the  warranty 
prove  false,  or  the  goods  are  in  any  respect  different 
from  what  the  vendor  represents  them  to  be,  the  buyer 
is  entitled  to  compensation,  or  he  may  return  them, 


SALE   OF    HORSES.  57 

and  claim  the  purchase-money.  But  a  general  war- 
ranty does  not  intend  to  guard  against  defects  which 
are  obvious  to  ordinary  circumspection,  or  where  the 
false  representation  of  the  vendor  is  known  to  the 
vendee ;  as  if  a  horse  with  a  visible  defect  be  warranted 
perfect,  or  the  like,  the  vendee  has  no  remedy. 

Where  goods  are  sold  by  sample,  there  is  an  implied 
warranty  that  the  whole  are  equal  to  the  sample,  other- 
wise the  purchaser  is  not  bound  to  take  them  upon  any 
terms,  although  there  may  have  been  no  fraud  on  the 
part  of  the  seller.  Tf,  however,  the  article  should  turn 
out  not  to  be  merchantable,  from  some  latent  defect  in 
the  sample,  as  well  as  in  the  bulk  of  the  commodity, 
the  seller  is  not  answerable.  The  only  warranty  is, 
that  the  whole  quantity  answers  the  sample. 

An  express  warranty  extends  to  all  faults  known  and 
unknown  to  the  seller.  Unless  the  defect  was  apparent, 
and  such  as  the  purchaser  might  have  discovered  at  the 
time  of  the  falsehood.  Where  there  is  no  express  war- 
ranty, it  seems  the  vendor  merely  undertakes  to  make 
a  good  title  to  the  vendee,  to  show,  that  the  goods  de- 
livered are  such  as  were  contracted  for,  and  that  no 
deceit  was  practised  to  disguise  their  defects ;  and  in 
case  of  provisions,  that  they  are  wholesome. 

Warranty  must  be  at  the  time  of  the  sale;  if  it  be 
made  after,  it  is  void  for  want  of  consideration. 

X.  SALE    OF    HORSES. 

The  property  in  horses  is  not  easily  altered  by  sale, 
without  the  express  consent  of  the  otrncr ;  for  a  purcha- 
ser gains  no  property  in  a  horse  that  has  been  stolen. 

A  warranty  of  soundness  in  a  horse  may  be  defined, 
in  its  enlarged  sense,  a  guarantee  from  constitutional 
defects;  but,  in  its  practical  sense,  is  construed  so  as 
to  exclude  every  defect  by  which  the  animal  is  rendered 
less  fit  for  present  use  and  enjoyment.   1  Stark,  127. 

A  defect  arising  from  a  temporary  injury  capable  of 
being  speedily  cured,  and  not  interfering  with  such 
enjoyment,  the  horse  is  not,  on  that  account,  to  be 
held  unsound;  still  less  if  the  purchaser  be  informed 
of  it,  and  admits  the  exception  into  the  terms  of  the 
contract,  2  Esp.  673. 


58 


BILL    OF   SALE. 


XI. HIRING    AND    BORROWING. 


These  are  contracts  by  which  a  qualified  property  is 
transferred  to  the  hirer  or  borrower ;  the  difference  is, 
that  hiring  is  always  for  a  price  or  recompense ;  hor-- 
rowing  is  merely  gratuitous.  In  both  cases  the  law  is 
the  same.  They  are  both  contracts  whereby  a  transient 
property  is  transferred,  for  a  particular  time,  or  use,  on 
condition  to  restore  the  goods  so  hired  or  borrowed,  as 
soon  as  the  time  is  expired,  or  use  performed,  together 
with  the  price  or  recompense,  (in  case  of  hiring,)  either 
expressly  stipulated  or  left  to  be  implied  by  law,  ac- 
cording to  the  value  of  the  service.  Thus,  if  a  man 
hire  or  borrow  a  horse  for  a  month,  he  has  a  qualified 
property  therein  during  that  period  ;  on  the  expiration 
of  which,  his  qualified  property  determines,  and  the 
owner  becomes,  in  case  of  hiring,  entitled  to  the  price 
for  which  the  horse  was  hired. 

In  all  cases  of  hiring  and  borrowing,  there  is  an  im- 
plied condition  that  the  thing  hired  or  borrowed  shall 
not  be  abused  or  improperly  treated,  so  that  it  cannot 
be  returned  in  as  good  condition  as  it  was  received. 

XII. BILL    OF    SALE. 

This  is  a  contract,  under  hand  and  seal,  whereby  a 
man  transfers  the  interest  he  has  in  goods  to  another  ; 
such  an  instrument  is  binding  against  the  party  who 
executes  it,  whether  it  were  for  valuable  consideration 
or  not ;  but  it  may  be  fraudulent  and  void  against  cred- 
itors, and  in  some  cases  an  act  of  bankruptcy. 

So  a  bill  of  sale  of  goods  made  for  a  valuable  con- 
sideration, with  the  knowledge  and  consent  of  the 
creditors,  is  valid  against  them,  though  unaccompanied 
with  possession. 

A  bill  of  sale  is  sometimes  given  with  a  condition  for 
resuming  the  goods  at  a  certain  period  on  payment  of  the 
money  advanced;  but  it  is  a  dangerous  method  of  obtain- 
ing accommodation,  and  should  be  cautiously  adopted. 

In  some  states  the  seller  retaining  possession  of  the 
goods  after  sale,  is  conclusive  evidence  of  fraud,  in 
others,  only  prima  facie. 


AVOIDANCE    OF   CONTKACT.  69 

XIII. AVOIDANCE    OF    CONTRACT. FRAUD. 

After  bargain  for  the  sale  of  goods,  if  the  vendee 
does  not  come  and  pay  for  them,  and  take  them  away 
in  a  reasonable  time  after  request,  the  vendor  may 
.elect  to  consider  the  contract  rescinded,  and  re-sell  the 
goods. 

Generally,  if  either  vendor  or  vendee  neglect  to  fulfil 
the  conditions  of  the  sale,  the  other  is  at  liberty  to 
avoid  the  bargain. 

A  contract  for  the  sale  of  goods  may  also  be  avoided 
by  the  Statute  of  Limitations,  which  fixes  the  period 
beyond  which  a  plaintiff  cannot  lay  his  cause  of  ac- 
tion. [See  title  "  Limitation  of  Actions"  also  "  Reme- 
dies for  the  Recovery  of  Debts."] 

Although  a  good  and  sufficient  consideration  is  ne- 
cessary to  the  validity  of  a  simple  contract,  yet  a  con- 
tract may  be  avoided  when  founded  on  a  legal  consider- 
ation, if  the  execution  of  the  engagement  involve  the 
violation  of  any  public  law  or  statute. 

All  secular  contracts  consummated  on  Sunday  are 
void  ;  as  well  as  all  contracts  which  are  repugnant  to 
law,  sound  policy,  or  public  morals. 

In  contracts  obtained  by  deception  or  misrepresent- 
ation, there  must  be  some  actual  damage  done  to  the 
plaintiff,  to  obtain  ground  for  civil  action. 

When  persons  are  employed  to  bid  for  the  owner  at 
auction,  not  in  order  to  prevent  a  sacrifice,  but  to  ad- 
vance the  price  of  the  goods,  by  pretended  competi- 
tion, the  purchaser  may  treat  the  sale  as  void,  if,  in 
fact,  he  be  thereby  misled. 

Contracts  in  restraint  of  trade  and  business  are  void 
as  they  militate  against  public  policy.  But  it  is  differ- 
ent if  one  contract,  for  a  valuable  consideration,  not  to 
carry  on  a  particular  trade,  or  not  to  exercise  it  in  a 
particular  place. 

If  a  seller  and  purchaser  combine  for  the  purpose  ol 
secreting  property  from  the  creditors,  with  a  mutual 
fraudulent  intent,  the  sale  is  void. 

When  a  sale  is  made  without  consideration,  it  is  void 
as  to  creditors. 

Partners  are  liable  for  the  fraud  of  one  of  the  firm, 
or  of  their  agent,  in  the  sale  of  partnership  propertv. 


60  AVOIDANCE    OF   CONTRACT. 

But  the  firm  is  not  bound  if  one  partner  give  partner- 
ship security  for  a  private  debt  of  his  own,  and  tlie  cre- 
ditor have  knowledge  that  it  is  out  of  the  scope  of 
partnership  dealing. 

Verbal  evidence  of  fraud  is  admissible  against  a 
written  agreement. 

When  the  assignment  is  fraudulent,  or  not  assented 
to  by  creditors,  a  creditor  may  proceed  to  secure  his 
debt  by  attachment,  or  by  a  trustee,  (or  garnishee,) 
process. 

Contracts  may  be  rescinded  or  waived,  by  all  the 
parties  to  it  dissenting  from  the  bargain  before  the 
period  of  performance. 

Where  a  purchaser  buys  on  the  faith  of  a  false  rep- 
resentation by  the  seller,  touching  the  essence  of  the 
contract,  the  sale  will  be  set  aside  in  equity,  whether 
the  misrepresentation  were  the  result  of  fraud  or  mis- 
take. {Story's  R.  700.) 

If  a  seller  mislead  the  purchaser  by  a  false  or  mis- 
taken statement  as  to  any  essential  circumstance,  the 
sale  is  voidable.  (t6.) 

So,  where  a  person  obtains  goods  upon  a  false  rep- 
resentation, as  to  the  value  of  his  property,  and  gives 
his  note  m  payment,  the  seller  need  not  wait  until  the 
note  falls  due,  but  may,  immediately  upon  discovering 
the  fraud,  waive  the  contract,  and  bring  an  action  to 
recover  the  value  of  the  goods.  But  in  order  to  do 
this,  the  goods  must  have  been  obtained  upon  the  false 
representation  of  the  purchaser,  alone,  and  not  of  others, 
as  to  the  value  of  his  property. 

XIV. PRECAUTIONS  TO  BE  OBSERVED  IN  ENTERING 

INTO  CONTRACTS. 

All  Stipulations  and  provisions  which  it  is  intended 
should  be  considered  as  forming  a  part  of  the  contract 
or  agreement,  together  with  every  particular  as  to  per- 
sons, amounts,  time,  place,  and  other  circumstances 
should  be  inserted  ;  and  that,  in  terms  which  will  ad- 
mit of  but  one  construction,  so  as  to  avoid  difficulty  or 
doubt,  in  case  of  disagreement;  the  courts  deciding 
upon  a  contract  under  seal  as'  it  is ;  and  not  as  it  was 
intended,  or  may  be  asserted  it  was  intended,  to  be,  if 


PAYMENT,   WHEN   CAN    BE   DEMANDED,  61 

contrary  to  its  express  stipulations;  and  no  evidence 
being  admissible  though  even  in  writing,  if  not  under 
seal,  to  vary  its  terms. 

PAYMENT,  WHEN  CAN  BE  DEMANDED. 

In  some  branches  of  trade,  custom  has  established  a 
general  usage  as  to  the  period  of  credit  upon  sales  of 
goods,  and,  where  no  specific  stipulation  is  made  to  the 
contrary,  this  customary  credit  is  as  much  a  part  of  the 
contract  as  if  expressly  agreed  upon  ;  the  law  implying 
that  all  persons  deal  according  to  the  general  usage, 
unless  the  contrary  appear. 

Where  no  such  usage  prevails,  and  no  time  of  pay- 
ment is  specified  in  the  contract  of  sale,  the  money  is 
demandable  immediately  upon  the  delivery  of  the  goods. 

If  the  vendor  stipulate  to  deliver  certain  goods  within 
a  limited  time,  he  cannot  demand  payment  till  the 
whole  of  the  goods  are  delivered. 

A  person  contracting  to  deliver  a  certain  quantity  of 
goods,  and  failing  to  deliver  the  whole  quantity  agreed 
upon,  may  recover  for  the  part  delivered  and  accepted 
by  the  buyer.  The  buyer  can  only  be  exonerated  from 
payment  by  refusing  to  accept  a  part  ;  for,  if  he  accept 
and  take  the  benefit  of  part,  no  protest,  at  the  time  of 
acceptance,  will  relieve  him  from  liability  of  payment. 

Payment  to  the  proper  agent  of  the  seller  will  release 
the  buyer.  Ifthe  seller  have  given  directions  for  trans- 
mitting the  money  in  a  particular  manner,  the  buyer, 
by  complying  with  the  directions,  and  using  due  cau- 
tion, relieves  himself  of  responsibility,  any  loss  which 
may  occur  falling  on  the  seller. —  4  Bing.  112. 

INTEREST,  WHEN  IT  CAN  BE  CLAIMED. 

With  respect  to  interest,  it  is  determined  that  interest 
b  not  allowable  on  a  demand  for  goods  sold  and  deliv- 
ered, unless  where  there  is  a  specific  agreement  for 
that  purpose ;  as  by  a  bill  of  exchange,  promis.sory  note, 
or  an  express  promise  to  pay  interest ;  then  the  vendor 
is  entitled  to  interest  from  the  time  specified. 

Interest  is  allowable,  where  there  has  been  either  an 
express  or  an  implied  contract  therefor ;  and  a  contract 
TG  6 


0t  INTEREST,    WHEN   IT   CAN    BE   CLAIMED. 

to  pay  interest  will  be  implied  either  from  a  general 
mercantile  usage,^  or  custom  ;  as  in  the  case  of  bills  of 
exchange  and  promissory  notes,  upon  which,  in  the 
absence  of  any  other  agreement,  interest  runs  from  the 
day  when  the  principal  ought  to  be  paid. 

If  a  note  be  payable  on  demand,  and  there  is  no  ex- 
press agreement  in  relation  to  interest,  it  does  not 
commence  running  till  after  a  demand  is  made. 
Where  no  other  demand  is  made,  the  commencement 
of  a  suit  for  the  money  will  be  regarded  as  a  demand 
for  the  purpose  of  computing  interest.  (9  Pick.  369.) 

Interest  is  never  allowed  upon  an  open  and  running 
account,  unless  by  express  agreement ;  but  as  soon  as 
the  account  is  stated,  and  rendered  to  the  debtor,  and 
no  objection  is  made  to  it  by  debtor,  interest  begins  to 
run.  An  account  current,  received  and  not  objected  to 
within  a  reasonable  time,  becomes  a  settled  account, 
bearing  interest  from  the  time  it  is  stated.  But  where 
goods  are  sold,  to  be  paid  for  by  bill  or  note,  which  is 
not  given,  interest  is  due  from  the  time  when  the  bill, 
or  note,  if  given,  would  have  been  payable,  and  is  re- 
coverable in  an  action  for  goods  sold,  &c. ;  or  where 
upon  a  sale,  and  an  agreement  for  payment  by  bill,  the 
purchaser  refuses  to  give  it,  interest  is  recoverable  in  a 
special  count,  for  not  giving  the  bill  from  the  time  from 
which  the  bill,  if  given,  would  have  borne  interest. 

A  demand  of  payment  of  an  unsettled  claim  for 
goods  sold  and  delivered,  or  services  rendered,  entitles 
the  party  to  interest  from  the  time  of  the  demand,  and  a 
presentment  of  the  account  or  commencement  of  a  suit 
is  sufficient  demand  upon  which  to  found,  and  from 
which  to  date,  a  claim  of  interest.  (22  Pick.  291.) 

An  agreement  for  interest  will  be  implied  from  the 
particular  course  of  dealings  between  the  parties,  or  the 
special  custom  of  one  party  known  and  acceded  to  by 
the  other ;  as  where  it  is  the  custom  of  a  particular 
person  to  charge  interest  upon  all  sales  made  by  him, 
after  the  expiration  of  a  certain  time,  in  which  case, 
he  may  charge  all  his  customers  with  interest,  who 
have  knowledge  that  such  is  his  custom.  So  if,  ac- 
cording to  an  established  usage,  or  an  understanding 
between  the  parties  arising  out  of  their  mode  of  deal- 


LIMITATION   OF  ACTIONS.  63 

ing  OT  Otherwise,  a  certain  term  of  credit  is  to  be  given, 
no  interest  can  be  claimed  until  after  the  expiration  of 
that  term.  (8  Wend,  109.) 

So,  a  contract  to  pay  interest  is  implied,  where  the 
money  of  one  person  has  been  used,  or  detained  wrong- 
folly,  by  another,  or  been  kept  by  another,  when  it 
should  have  been  paid  over.  (9  Pick.  369.) 

Where  an  agent,  having  received  money,  unreason- 
ably neglects  to  inform  his  employers  of  it,  he  is  liable 
for  interest  from  the  time  when  he  ought  to  have  given 
information.  So,  interest  is  to  be  allowed  where  the 
law  by  implication  makes  it  the  duty  of  the  party  to 
pay  over  the  money  to  the  owner  without  any  previous 
demand  on  his  part,  {ib.) 

Interest,  from  the  time  of  payment,  is  to  be  allowed 
on  money  paid  at  the  request  and  to  the  use  of  another. 

Manner  of  computing  interest  on  notes  where  partial 
payments  have  been  made.  —  In  casting  interest  upon 
bonds,  notes,  &c.,  upon  which  partial  payments  have 
been  made,  every  payment  is  to  be  first  applied  to  keep 
down  the  interest ;  but  the  interest  is  never  allowed  to 
form  a  part  of  the  principal,  so  as  to  carry  interest,  for 
the  effect  in  such  case  would  be  to  give  compound  in- 
terest, which  the  law  does  not  allow.  To  avoid  this, 
the  following  rule  has  been  adopted  by  the  United  States 
Courts,  and  most  of  the  State  Courts  :  — 

Compute  the  interest  on  the  principal  sum,  from  the 
time  when  the  interest  commenced  to  the  first  time 
when  a  payment  was  made  which  exceeds,  either  alone 
or  in  conjunction  with  the  preceding  payments,  if  any, 
the  interest  at  that  time  due  ;  add  that  interest  to  the 
principal,  and  from  the  sum  subtract  the  payment  made 
at  that  time,  together  with  the  preceding  payments,  if 
any,  and  the  remainder  forms  a  new  principal ;  on 
which  compute  and  subtract  the  interest,  as  upon  the 
first  principal,  and  proceed  in  this  manner  to  the  tinr.e 
of  the  judgment. 

LIMITATION   OP   ACTIONS. 
The  object  of  the  Statute  of  Limitations  is  to  prevent 
creditors  from  making  obsolete  demands  at  a  distance 
of  time,  when  the  debtor  has  lost  all  the  means  of  evi- 


91  LIMITATION    OF   ACTIONS. 

dence,  by  which  he  can  prove  the  satisfaction  of  them. 
Though  the  courts,  therefore,  presume  payment  upon 
debts  upon  which  the  Statute  has  run,  yet,  wherever  it 
appears  from  a  subsequent  promise  or  admission  of  the 
debtor,  that  he  has  not  paid  the  debt,  {in  some  states 
the  promise  is  required  to  be  in  writing,)  it  will  be  reviv- 
ed, and  commence  from  such  promise  or  admission. 

1.  Times  within  which  debts  can  be  collected. — All 
actions  of  debt,  founded  upon  any  contract  or  liabili- 
ty (not  under  seal  or  witnessed)  must  be  commenced 
within  a  stated  number  of  years  after  the  cause  of  the 
action,  or  the  debtor  is  absolved  by  the  Statute  of  Lim- 
itation. In  all  the  Eastern,  in  New  York  and  in  most 
of  the  Middle  and  Western  States,  this  time  is  limited 
to  six  years.  In  the  other  States  the  time  varies  from 
one  to  five  years,  except  in  open  and  current  accounts 
existing  between  merchant  and  merchant.  [Seejjp.  70 
to  101.] 

2.  Exception  of  open  and  mutual  accounts. — Where 
there  are  open  and  mutual  accounts  the  cause  of  action 
is  deemed  to  have  accrued  at  the  time  of  the  last  item 
proved  in  the  account. 

3.  Case  of  defendant  out  of  the  State. — Where  a  per- 
son is  absent  from,  or  residing  out  of  the  state,  at  or 
after  the  time  when  any  cause  of  action  accrues,  (and 
has  not  attachable  property  in  it,)  such  absence  is  not 
counted  as  part  of  the  time  of  limAation;  nor  is  the 
time  counted,  during  the  continuance  of  a  war  be- 
tween this  country  and  that  of  an  alien  plaintiff. 

4.  Acknowledgment,  or  new  promise.* — The  statutes 
of  Maine,  Vermont,  Massachusetts,  New  York,  Illinois, 
Michigan,  Iowa,  Ohio,  Virginia,  Missouri,  Arkansas 
Texas,  and  California,  require  that  any  acknowledgment 
of  indebtedness,  to  prevent  the  operation  of  the  statute 
of  limitation,  shall  be  made  in  writing,  and  signed  by 
the  party  chargeable  thereby.     In  the  other  states,  a 

•  If  a  person  is  under  a  legal  obligation  to  do  an  act,  and  nnoihor  person 
does  it  without  his  request,  a  subsequent  promise  to  pay  will  l)e  bindino-. 

Where  the  liability  to  be  sued  on  a  debt  is  suspended,  either  by  the  in- 
tervention of  the  law,  or  the  provisions  of  a  statute,  a  subsequent  promise 
restores  the  liability.  Thus  a  promise  by  a  bankrupt  after  certificate,  to 
pay  an  antecedent  debt  ;  or  a  promise  by  a  person  of  full  age  to  pay  a  debt 
contracted  during  infH)icy,  revives  the  debt :  but  if  the  origmal  security  be 
altogether  void,  a  subsequent  promise  will  not  revive  it 


FOREIGN   ATTACHMENT.  65 

verbal  acknowledgment  that  the  debt  exists  is  sufficient; 
or  an  indorsement  of  interest  or  partial  payments  of 
the  principal,  by  the  maker  or  in  his  presence,  upon 
the  instrument,  is  an  implied  acknowledgment.  But 
in  Massachusetts  no  memorandum  of  any  payment  of 
principal  or  interest,  on  any  promissory  note  or  other 
writing  by  or  on  behalf  of  the  party  to  whom  such  pay- 
ment purports  to  be  made,  is  deemed  sufficient  proof  of 
payment  to  take  the  case  out  of  the  statute  of  limitation. 

6.  When  actions  can  be  brought  on  sealed  contracts, 
Sfc.  Sfc. — All  ccHitracts  under  seal,  promissory  notes 
signed  in  the  presence  of  an  attesting  witness,  or  any 
bill  or  note  signed  by  a  bank,  or  a  judgment  of  court, 
are  embraced  by  the  general  limitation,  which  varies 
in  different  states,  from  ten  to  twenty  years. 

6.  Notes  and  bills  of  exchange. — With  regard  to 
these  the  statute  begins  to  operate  only  from  the  time 
they  are  due,  and  not,  in  general,  from  the  date. 

trustise:  process, -garnishee  process. 

The  object  of  the  trustee  process  is  to  enable  a 
creditor  to  attach  the  property  of  his  debtor  in  the 
hands  of  a  third  person.  It  is  very  serviceable  in 
avoiding  fraudulent  transfers  of  property  made  by  the 
debtor  for  the  purpose  of  concealing  the  same,  and 
thus  preventing  it  from  being  attached  for  his  debts. 
This  process,  therefore,  is  very  often  resorted  to,  to  test 
the  fairness  of  assignments  for  the  benefit  of  creditors. 

There  are  three  parties  in  a  trustee  process  : — the 
plaintiff;  the  debtor,  called  the  principal  defendant; 
and  the  trustee,  who  is  summoned  to  appear  in  the 
suit,  upon  the  ground  that  he  has  in  his  hands,  goods 
effects,  or  credits,  belonging  to  the  defendant. 

The  service  of  a  copy  of  the  process  on  the  trustee, 
fixes  the  property  or  debt  in  his  hands,  as  a  stakeholder 
for  the  party  ultimately  entitled ;  and  if  after  that  the 
trustee  pays  over  to  the  debtor,  he  does  so  at  his  peril. 
Who  liable  to  be  summoned  as  trustee,  and  what 
property  is  not  attachable  by  this  process. — As  a  general 
rule,  every  person  having  goods,  effects,  or  credits  of 
the  defendant  in  his  possession,  may  be  summoned  as 

TO  6* 


60  FOREIGN    ATTACHMENT. 

trustee,  and  the  property  in  his  hands  will  be  held  to 
respond  to  the  final  judgment. 

There  are,  however,  some  exceptions  to  this,  namely : 

First,  Generally  no  person  will  be  adjudged  a  trustee 
by  reason  of  having  drawn,  accepted,  made,  or  en- 
dorsed any  negotiable  instrument.* 

Secondly,  Nor  by  reason  of  any  money  or  other  thing 
received  by  him  as  sheriff,  or  other  officer,  by  execu- 
tion or  other  process  in  favor  of  the  principal  defendant. 

Thirdly,  Nor  by  reason  of  any  money  in  his  hands 
for  which  he  is  accountable  as  a  public  officer. 

Fourthly,  Nor  by  reason  of  any  debt  due  from  him 
on  a  judgment,  so  long  as  he  is  liable  to  an  execution 
on  that  judgment. 

Fifthly,  Nor  by  reason  of  any  money  or  other  thing 
due  from  him  to  the  principal  defendant,  unless  due 
absolutely,  and  without  depending  upon  any  contin- 
gency. 

Proceedings  in  the  case. — If  the  trustee  does  not 
appear  he  is  defaulted,  and  will  be  charged  with  having 
in  his  hands  property  of  the  defendant  equal  to  the 
whole  debt  proved  against  the  defendant.  If  the  trustee 
appears,  he  must  answer  under  oath,  if  required,  as  to 
the  property,  if  any,  of  the  defendant's,  in  his  hands; 
and  he  will  be  charged  or  not  upon  his  answers  under 
oath,  as  the  court  shall  decide. 

If  any  person  claims  that  the  property  in  the  trustee's 
hands  is  his  property,  and  not  that  of  the  defendant, 
he  may  appear  in  court  as  claimant,  and  contest  with 
the  plaintiff  his  title  to  the  property.  In  such  case 
the  defendant  will  be  allowed  to  testify  as  to  whom 
the  property  belongs. 

Where  the  trustee  is  charged  in  a  suit,  the  execution 
runs  against  the  goods,  effects,  and  credits  of  the  defend- 
ant in  the  hands  of  the  trustee.  If  he  does  not 
expose  the  property  to  the  officer,  or  satisfy  the  ex- 
ecution, then  a  new  writ,  called  a  '^  scire  facias,"  is- 
sues against  him  alone,  requiring  him  to  show  cause 
why  he  should  not  pay  the  same,  and  if  judgment  is 
obtained,  the  execution  will  run  against  the  person 
and  property  of  the  trustee. 

•  New  Hampshire  is  an  exception  lo  this  rule.    (See  page  71.) 


PART    II. 

REMEDIES  FOR  THE  RECOVERY  OF  DEBTS. 

Of  the  Remedies  of  the  Creditor,  and  Means  of  En- 
forcing Payment  from  his  Debtor,  in  all  the  States 
of  the  Union, 

COMMENCEMENT    OF    A    SUIT    AT    LAW, 

Where  there  is  a  debt  owing,  it  is  held  that  a  creditor  is  not 
obliged  to  allege  or  prove  any  demand  of  payment  before  he  brings 
his  action ;  for  bringing  an  action  is  technically  said  to  be  a  sufficient 
teqae&t ;  for  it  is  the  debtor's  duty  to  find  out  tlu  creditor,  and  pay 
him  his  debt, 

WheneTer  the  plaintiff's  right  of  action  depends  on  a  condition  to 
perform  some  act  or  thing,  he  must  prove  that  condition  to  be  per- 
formed, unless  it  be  prevented,  or  renaered  idle,  or  unnecessary  by  the 
act  of  the  defendant. 

The  attachment  of  property  upon  a  writ  is  one  of  the  most  common 
and  effectual  means  of  securine  a  debt.  The  property  attached  is 
deemed  to  be  in  the  custody  of  &e  law,  and  is  to  be  retained  by  the 
oflBcer  for  the  purpose  of  satisfying  the  claim  of  the  creditor,  in  case  he 
shall  obtain  judgment  in  the  suit,  take  out  execution,  and  levy  it  upon 
the  property  in  a  limited  time. 

It  is  usual  to  annex  a  schedule  of  particulars  to  the  writ,  and  refer 
to  it  in  the  declaration.  But  this  is  not  necessary,  though  the  want  of 
Buch  an  exhibit  might,  probably,  from  a  supposedf  want  of  notice,  ope- 
rate as  a  ground  of  continuance  for  defenciant,  on  motion. 

In  all  the  New  England  States,  and  this  is  the  ca^e  in  most  of  the 
others,  all  civil  actions  must  be  commenced  in  the  county  where  one 
of  the  parties  resides. 

Wherever  the  matter  of  the  action  is  local,  the  plaintiff  must  sue  in 
the  county  in  which  the  cause  of  the  action  arises ;  but,  where  transi- 
tory, he  may  sue  anywhere,  unless  some  statute  otherwise  direct. 

Where  the  Statutes  of  any  State  require  that  a  contract  or  demand 
shall  be  supported  by  affidax:it,  and  the  plaintiff  is  not  an  inhabitant  of  , 
the  state,  it  may  be  taken  and  subscribed  before  a  Commissioner  or 
the  Stale  where  plaintiff  resides ;  it  should  specify  the  nature  of  the 
debt,  the  amount  over  and  above  all  discounts  and  off-sets,  and  that  the 
balance  claimed  is  justly  due,  and  the  account  correctly  stated.  In 
some  states  an  indorser  to  the  writ,  in  others  a  bond  with  sureties,  is 
required  of  the  plaintiff,  who  thereby  becomes  liable  for  costs,  in  case 
judgment  is  rendered  in  favor  of  defendant.  [See  Mode  of  Collecting 
Debts  in  different  States,  and  also  Forms  of  Affidavits,  at  pages  103-5.] 

If  a  person  has  obtained  a  judgment  against  another,  for  a  certain 
sum,  and  neglects  to  take  out  execution  thereon,  he  may  af\erwarda 
bring  an  action  of  debt  upon  the  judgmeut. 

If  the  action  is  on  a  judgment  of  a  court  in  another  State,  a  copy 
should  be  produced,  duly  authenticated. 

The  acuon  oT  assumpsit  is  the  usual  remedy  on  bills  or  notes.  Prom- 


68  REMEDIES   FOR   THE   RECOVERY   OF   DEBTS. 


ises,  either  express  or  implied,  by  the  law  raise  an  assumpsit,  for  the 
infringement  of  which  the  more  usual  remedy  is  action  upon  the  case 
on  such  assumpsit. 

By  the  writ  of  capias  ad  satisfaciendnm,  (sometimes  abbreviated 
ca.  sa.,)  the  body  of  the  debtor  may  be  arrested,  and,  in  some  cases, 
imprisoned,  until  satisfaction  is  made  for  the  debt,  costs,  and  damages, 
or  the  debtor  is  bailed,  or  takes  the  liberty  of  the  yard,  or  the  poor 
debtor's  oath,  or  petitions  for  the  benefit  of  the  act  of  insolvency,  or 
gives  bond  for  the  payment  of  the  debt,  or  is  discharged  by  statute. 
In  most  of  the  states  imprisonment  for  debt  is  abolished  except  in 
cases  of  fraud. 

Females  are  generally  exempted  from  arrest  for  debts  on  contracts. 

By  the  writ  of  fieri  facias,  (sometimes  abbreviated,  fi.fa.,)  the 
officer  is  commanded  to  attach  the  goods  of  the  debtor,  whether  in  his 
own  possession,  or  in  the  hands  of  executors,  administrators,  trustees, 

Ior  garnishees,)  always  excepting  those  goods  and  lands  exempted 
rem  execution  by  statute. 

UNLAWFUL   ATTACHMENT  AND   ARREST. 

The  sheriff  cannot  disunite  anything  annexed  to  the  freehold,  for  the 
purpose  of  attaching  it. 

Nor  can  he  attach  goods  pledged  for  debt  j  nor  goods  demised ;  or 
let  for  years. 

Nor  can  he  attach  deeds :  private  papers ;  account  books ;  promis- 
sory notes  ;  liens  j  goods  which  cannot  be  returned  in  the  same  plight 
in  which  they  were  taken,  such  as  green  hides  in  a  vat,  fruit,  &c. ;  the 
interest  of  a  gratuitous  bailee ;  goods  in  transit,  as  the  property  of 
the  consignee;  a  boat,  cable  or  anchors  in  use  and  necessary  for  the 
safety  of  the  vessel. 

In  some  Stales  perishable  property  can  be  attached,  and  may  be  sold 
pending  the  proceedings  of  the  court. 

Nor  can  he  intermingle  goods  attached  with  those  of  the  debtor,  so 
that  they  cannot  be  distinguished. 

Wor  can  he  attach  the  household  furniture,  farmers'  or  mechanics' 
tools,  or  articles  for  the  use  of  the  family,  which  bylaw  are  exempted 
from  attachment. 

All  the  states  exempt  from  execution  a  certain  amount  of  the  house- 
hold furniture  of  the  debtor  for  the  use  of  his  family,  the  tools  of  a 
mechanic  necessary  for  carrying  on  his  business ;  a  certain  number 
of  sheep,  swine,  a  horse,  ox,  cow.  hay,  &c.,  varj'ing  in  value  from  twenty 
dollars  to  several  hundreds.  Besides  which,  many  of  the  states  have 
enacted  laws  exempting  Homesteads. 

The  absolute  property  of  the  goods  attached  must  be  in  the  debtor, 
in  his  own  right ;  and  therefore,  if  the  sheriff  tsike  any  other  person's 
goods,  thougn  the  debtor  assure  him  they  are  hia,  he  is  a  trespasser; 
for  he  must,  at  his  peril,  ascertain  whose  goods  they  are. 

Attached  goods  may  be  delivered  to  the  debtor  upon  his  depositing 
the  appraised  value  in  money,  or  giving  a  bond  therefor. 

The  sheriff  cannot  take  goods  vested  in  trustees  by  a  settlement  be- 
fore marriage  for  the  benefit  of  the  wife,  as  against  the  husband ;  nor 
where  they  are  settled  after  marriage,  in  pursuance  of  entails  before 
it ;  nor  where  she  holds  in  her  own  nght,  by  devise,  &c. 

In  case  of  execution  against  one  of  two  partners,  the  sheriff  can  only 
sell  the  individual  moiety  belonging  to  the  defendant. 

In  the  execution  of  a  civil  process,  an  officer  is  not  at  liberty  to 
brcEik  open  the  outer  doors  or  windows  of  a  dwelling  house ;  but  he 
may  enter  peaceably,  and  may  break  open  an  inner  door  of  the  de- 
fendant, in  order  to  take  the  goods  or  person.  But  it  is  said  he  cannot 
open  a  latch  of  the  outer  door  5  yet  if  the  goods  are  in  the  house  of  a 


REMEDIES  FOR  THE  RECOVERY  OF  DEBTS.    69 

itranger,  conveyed  thither  to  prevent  execution,  if,  upon  request  made, 
He  do  not  deliver  them,  the  officer  is  justified  in  breaking  and  entering. 
So,  where  a  stranger,  whose  ordinary  residence  is  elsewhere,  upon  a 
pursuit,  takes  refuge  in  the  house  of  another,  the  house  is  not  his  cat- 
tle, and  the  officer  may  break  open  the  doors  or  windows,  in  order  to 
execute  his  process;  so,  if  one,  upon  an  escape  after  arrest,  flee  into 
his  house  it  shall  not  protect  him.  But  these  restrictions  apply  only 
to  dwelling-houses,  and  an  officer  may  lawfully  break  open  tue  door 
of  any  other  building  to  make  an  attachment  or  arrest. 

An  arrest,  upon  civil  process,  on  Sunday,  is  illegal.  A  debtor,  how- 
ever, who  has  escaped  from  arrest  or  prison,  may  be  retaken  on  Sunday. 

la  delivering  possession  of  lands  recovered  in  a  real  action,  the  offi- 
cer may  break  outer  doors,  and  use  force  to  expel  the  occupier,  if  ne- 
cessary. 

Where  attachments  are  made,  and  the  property  is  to  be  sold  on  exe- 
cution, the  laws  generally  require  that  the  real  estate  shall  be  reserved 
until  the  personalty  has  been  exhausted. 

LIABILITIES    OF     ATTORNEYS     TO    THEIR    CLIENTS. 

If  an  attorney,  in  the  conduct  of  a  suit,  commit  an  act  of  negli- 
gence, whereby  all  the  previous  steps  become  useless  in  the  result,  he 
cannot  recover  for  any  part  of  the  business  done.  And  whether  or 
not,  in  such  case,  the  work  become  wholly  useless  by  the  plaintiff's 
fault,  is  a  question  for  the  jury.    (2  C.  M.  and  R.  647.) 

An  attorney  is  bound  to  execute  the  business  entrusted  to  him  with 
a  reasonable  degree  of  care,  skill,  and  despatch.  If  the  client  be  in- 
jured by  the  gross  fault,  negligence,  or  ignorance  of  the  attorney,  the 
attorney  is  liable. 

If  <m  attorney,  after  a  demand  made,  or  directions  given  to  remit 
neglect  to  pay  over  money  collected  by  him,  in  addition  to  the  com- 
mon liability  to  his  client,  the  court  will,  on  affidavit  of  complainant, 
grant  a  rule  to  show  cause  why  an  attachment  should  not  issue  against 


LIABILITIES     OF    SHERIFFS. 

An  officer  who  unreasonably  neglects  to  pay  any  money,  collected 
by  him  on  execution,  when  demanded  by  the  creditor,  forfeits,  in  Mas- 
sachusetts, five  times  the  lawful  interest  of  the  money,  from  the  time 
of  the  dem2md  until  it  is  paid.  In  other  States,  he  is  subjected  to 
similar,  and  even  higher  forfeitures. 

RKMEDIKS     OF    THE    CREDITOR. 

If  the  debtor  refuses  to  pay  bis  debts,  the  creditor's  remedy  is  a 
resort  to  law.  The  process  oy  which  debts  are  collected,  varies  in 
different  States,  the  principal  difierence  consisting  in  the  steps  taken  to 
reach  the  property  of  the  debtor.  In  some  States  property  may  be 
attached  at  the  commencement  of  the  suit,  (upon  mesne  process,*  as  it 
is  called ;)  in  others,  it  can  only  be  taken  after  judgment  has  been  ob- 
tained upon  an  execution ;  in  some,  the  debtor  cannot  he  arrested 
upon  mesne  pratess,  where  property  can  be  attached,  unless  he  is  about 
to  absent  himself  from  the  State  ;  in  others,  property  cannot  be  at- 
tached, where  the  debtor  can  be  found  and  arresteo,  &c.  So  the  cir- 
cumstances which  will  authorize  a  resort  to  the  trustee  process  differ 
m  different  States. 

It  IS  our  purpose  to  state  briefly  the  Remedies  for  the  Recovery  of 
Debt*  in  each  of  the  States. 

•  Mesne  process  is  used  in  contradiiiinction  to  final  process,  and  signifies 
all  such  procei*  as  intervenes  between  the  beginning  and  end  of  a  suit 


70  RECOVERY   OF   DEBTS    IN    MAINE, 

MAINE. 

Attachment  — All  civil  actions  may  be  commenced  by  at- 
taching the  goods  and  estate  of  the  debtor  (except  those  ex- 
empted from  execution,  and  choses  in  action).  When  per- 
sonal property  is  attached,  the  officer  takes  and  retains  posses- 
sion of  it,  or  permits  debtor  to  resume  it,  by  giving  receiptors, 

Irustee  Process. — All  actions  on  contracts  may  be  com- 
menced by  the  trustee  process,  and  any  person  may  be  sum- 
moned as  trustee  who  has  goods,  effects,  or  credits  of  the 
debtor  in  his  hands.     [See  Article  Trustee  Process,  p.  65.] 

Where  plaintiff  is  not  an  inhabitant  of  the  State,  the  writ, 
before  entry,  must  be  indorsed  by  some  sufficient  inhabitant 
of  the  State.  Action  must  be  commenced  against  indorser 
within  one  year  after  judgment. 

Arrest  of  Debtor. — The  debtor  cannot  be  arrested  for 
debt,  unless  the  creditor  make  oath  that  he  believes  the  debtor 
is  about  to  depart  or  reside  out  of  the  State,  and  to  take  with 
him  more  property,  or  means,  than  is  required  for  his  imme- 
diate support,  and  that  the  sum  demanded,  amounts  to  ten 
dollars.  In  an  action  not  founded  on  contract,  or  on  a  judg- 
ment rendered  upon  contract,  the  defendant  may  be  impris- 
oned or  held  to  bail. 

Exemption  Jrom  execution. — Wearing  apparel,  beds,  bed- 
steads and  bedding,' necessary  for  the  family  ;  household  fur- 
niture of  the  value  of  $50.  The  tools  of  a  mechanic, 
necessary  for  his  trade  and  occupation.  Bibles,  school  books 
and  copy  of  statutes ;  all  cast-iron  and  sheet-iron  stoves  used 
in  family  ;  one  cow  and  one  heifer  ;  two  swine  ;  ten  sheep 
and  the  wool ;  thirty  hundred  hay  for  cow,  and  two  tons  for 
sheep,  and  sufficient  for  heifer;  all  produce  of  farm  while 
standing  and  growing  ;  thirty  bushels  of  corn  for  family  ; 
one  pew  ;  potatoes  for  family ;  twelve  cords  of  fire-wood  ; 
one  boat,  not  exceeding  two  tons,  employed  in  fishing  ;  one 
plough  ;  one  cart ;  one  harrow  ;  one  cooking  stove  ;  five  tons 
anthracite,  and  fifty  bushels  bituminous  coal ;  and  all  charcoal 
on  hand  ;  one  pair  bulls,  steers,  or  oxen,  raised  by  the  owner, 
with  hay  to  keep  the  same  through  the  winter  ;  one  ox- 
yoke,  with  bows,  rings  and  staples,  two  chains,  one  ox-shed; 
one  or  two  horses,  (instead  of  oxen)  ;  one  barrel  of  flour  ;  ten 
dollars  worth  of  lumber,  wood  or  bark  ;  burial  place  not  ex- 
ceeding half  an  acre,  not  appropriated  for  agriculture  ;  a  de- 
scription of  which  must  be  recorded  in  the  Registry  of  Deeds. 

Homestead  Exemption. — A  lot  of  land,  dwelling  house  and 
out-buildings  thereon,  or  so  much  thereof  as  shall  not  exceed 
five  hundred  dollars  in  value,  the  property  of  a  householder 
in  actual  possession  ;  a  certificate  of  which  signed  by  himself 
declaring  his  wish  and  describing  his  homestead  shall  be  filed 
with  the  Register  of  Deeds  for  the  County  wherein  his  home- 


RECOVERY  OF   DEBTS  IN  NEW  HAMPSHIRE.  71 

Stead  lies.  The  widow  and  minor  children  of  any  person 
deceased,  may  hold  such  exempted  property  during  the  minor- 
ity of  the  children,  or  while  the  widow  remains  unmarried. 

Redemption. — The  debtor  is  allowed  one  year  from  levy  of 
execution  in  which  to  redeem  his  estate  by  tendering  the  sum 
at  which  it  was  appraised,  interest,  and  expenses  for  improve- 
ments, and  repairs.  Mortgaged  personal  property  may  be 
redeemed  in  sixty  days.  Estate  sold  for  taxes  can  be  redeem- 
ed within  five  years  from  publication  of  notice.  Franchise 
can  be  redeemed  in  three  months. 

Mortgaged  real  estate  can  be  redeemed  at  any  time  within 
three  years  after  foreclosure  of  the  same. 

An  assignment  of  praperty  must  provide  for  an  equal  dis- 
tribution of  all  the  debtor's  estate  among  such  creditors  as 
become  parties  thereto. 

NEW  HAMPSHIEE. 
Attachment. — Suit  is  commenced  by  attaching'personal  and 
real  estate   of  debtor.     The  attachment  first  served  is  to  be 
first  paid. 

TVustee  Process. — Any  property  of  debtor,  money  or  cred- 
its, in  the  hands  of  a  third  person,  may  be  attached.  Wages 
however  for  the  last  fourteen  days'  labor  are  exempted. 

If  any  person  summoned  as  a  trustee,  is  indebted  to  the  de- 
fendant by  a  negotiable  note,  made  or  payable  in  this  state,  or 
the  parties  to  which,  at  the  time  of  making,  resided  in  this  state, 
the  court  may  make  a  rule  requiring  such  debtor  to  appear  and 
answer  on  oath  all  interrogatories  respecting  the  possession, 
transfer,  or  other  disposition  of  such  note  ;  and  a  rule  or  or- 
der of  notice  to  be  served  on  any  individual,  or  published  in 
some  newspaper,  for  the  information  of  any  person  who  may 
claim  an  interest  in  said  note,  so  that  he  may  appear,  and  show 
how  and  when  the  transfer  was  made.  If  it  do  not  appear  thai 
the  note  was  transferred  in  good  faith  and  for  an  adequate  con- 
sideration, before  the  service  of  the  trustee  process  the  prom- 
iser  will  be  charged  as  the  trustee  of  such  debtor. 

Arrest  of  Debtor. — The  debtor  cannot  be  arrested  in  any 
action  upon  contract,  unless  the  creditor  make  affidavit  before 
a  justice  of  the  peace  that  in  his  belief  the  debtor  owes  him 
the  sum  of  thirteen  dollars  and  thirty-three  cents ;  and  that 
he  conceals  his  property  so  that  no  attachment  or  levy  can  be 
made  ;  or  that  he  intends  leaving  the  State  to  avoid  payment 
of  his  debts. 

If  any  person  be  committed  to  prison  he  shall,  unless  he  be 
bailed  before  judgment,  be  held  in  prison  for  thirty  days  after 
the  rendition  of  judgment,  unless  sooner  legally  discharged. 
The  defendant  when  arrested,  may  demand  to  be  taken  before 
two  justices,  one  of  the  quorum ;  and  if  they  believe  he  does 


72        RECOVERY  OF  DEBTS  IN  VERMONT. 

not  conceal  his  property,  or  intend  leaving  the  state,  they 
may  order  his  discharge. 

Exemption  from  Execution. — Wearing  apparel,  beds,  bed- 
steads, and  bedding  for  family  ;  household  furniture,  to  the 
value  of  %  "20  ;  bibles  and  school  books  ;  one  cow,  and  one 
and  a  half  tons  of  hay  ;  one  hog  and  one  pig,  and  the  pork 
when  killed  ;  tools  of  mechanic  of  the  value  of  $  20  ;  six 
sheep  and  the  wool ;  one  cooking  stove  ;  provisions  and  fuel 
valued  at  $  20  ;  one  pew  :  uniform,  arms  and  equipments ; 
and  lot  in  cemetery.  Besides  which  a  homestead  of  the  val- 
ue of  $  500,  is  exempted  from  attachment. 

Hom£stead,  not  exceeding  $500  in  valiie.  The  sheriff 
holding  an  execution  to  be  levied  on  lands  and  tenements  is 
required,  on  application  of  the  debtor  or  his  wife,  to  cause  a 
homestead  not  exceeding  five  hundred  dollars  in  value,  to  be 
set  off  from  the  lands  and  tenements  of  the  debtor. 

Redemption. — The  debtor  can  redeem  real  estate,  sold  on 
execution,  within  one  year.  Mortgaged  real  estate,  and 
land  sold  for  taxes,  can  also  be  redeemed  within  one  year  j 

Assignment  may  be  made  for  the  benefit  of  creditors.  No 
preferences  are  allowed,  excepting  to  mortgage  and  judgment 
creditors. 

VERMONT. 

Attachment. — Suit  is  commenced  by  writ  of  summons,  or 
attachment.  Writs  of  attachment  may  issue  against  the 
goods,  chattels,  or  estate  of  the  defendant. 

Writs  must  be  served  in  the  order  in  which  they  are  received. 

The  Homestead  consists  of  a  dwelling  house,  land,  and  its 
appurtenances,  valued  at  five  hundred  dollars,  with  its  yearly 
products.  Whenever  a  housekeeper  shall  decease,  leaving  a 
widow  and  children,  the  homestead,  or  the  value  thereof, 
shall  pass  to  his  widow  and  children,  without  being  subject 
to  the  payment  of  the  debts  of  the  deceased,  unless  made 
specially  chargeable  thereon,  or  for  taxes.  The  homestead 
cannot  be  alienated  by  the  owner,  if  a  married  man,  except 
by  the  joint  deed  of  husband  and  wife.  Provided,  how- 
ever, that  the  husband  may,  without  consent  of  his  wife, 
mortgage  such  homestead,  at  the  time  of  the  purchase  there- 
of, for  the  payment  of  the  purchase  money.  Homestead  is 
also  liable  for  debts  contracted  before  the  purchase. 

There  is  also  exempted  from  execution,  apparel,  bedding, 
tools,  furniture,  bibles,  books,  for  use  of  family  ;  cow,  hog  ; 
ten  sheep,  and  wool  ;  forage  for  ten  sheep  and  cow  ;  arms ; 
ten  cords  fire-wood  ;  ten  bushels  grain  ;  twenty  bushels  pota- 
toes ;  growing  crops  ;  three  swarms  of  bees,  their  honey, 
hives,  and  200  pounds  of  sugar. 

Trustee  Process. — Attachments  may  be  commenced  by  the 
trustee  process,  when  the  demand  exceeds  the  sum  of  forty 


RECOVERY   OP   DEBTS   IN   MASSACHUSETTS.  73 

dollars,  if  the  defendant  resides  out  of  the  State,  or  has  ab- 
sconded, or  secreted  himself;  and  holds  goods,  effects,  or 
credits.  A  trustee's  disclosure,  on  oath,  is  not  conclusive, 
and  either  party  may  allege  and  prove  any  facts  material  to 
the  inquiry.  If  the  debt  recovered  by  the  plaintiff,  or  the 
amount  in  the  trustee's  hands,  does  not  exceed  ten  dollars, 
the  trustee  is  discharged,  and  recovers  his  costs. 

Arrest  of  Debtor. — No  resident  citizen  can  be  arrested  in  any 
action  for  debt  unless  the  plaintiff  file  an  affidavit,  that  he  has 
good  reason  to  believe  that  the  defendant  is  about  to  abscond 
from  the  State,  and  has  secreted  money  or  other  property, 
to  the  amount  of  $20,  or  sufficient  to  satisfy  the  demand. 

Redemption. — The  debtor  can  redeem  his  lands  six  months 
after  levy,  by  paying  the  costs  of  execution,  &c.,  and  twelve 
per  cent,  interest. 

MASSACHUSETTS. 

Attachment. —  All  articles  of  property,  gold  and  silver 
coin,  bank  notes,  and  all  other  bills  or  evidences  of  debt,  is- 
sued by  any  moneyed  corporation,  as  money,  may  be  attach- 
ed— (excepting  those  exempted  by  law,  and  choses  in  action.) 
Suit  is  commenced  by  writ  or  summons.  Execution  may  be 
taken  out  at  any  time  after  twenty-four  hours,  or  within  one 
year  from  rendition  of  judgment. 

Attached  goods  shall  be  delivered  to  debtor  upon  his  deposi- 
ting the  appraised  value  in  money,  or  giving  a  bond  therefor. 

Articles  exempted  by  Law. — Wearing  apparel  of  the  family, 
beds  and  bedding  for  every  two  persons ;  stove  ;  household  fur- 
niture of  the  value  of  $50 ;  fuel  of  the  value  of  $  10  ;  bibles 
and  school  books  ;  one  cow  ;  six  sheep,  not  exceeding  in  value 
$  30  ;  one  swine  ;  two  tons  hay  ;  provisions  for  use  of  family, 
of  the  value  of  050  ;  tombs  and  rights  of  burial  ;  uniform, 
arms  and  accoutrements,  one  pew,  occupied  by  debtor  ;  im- 
plements, stock,  and  fixtures  of  the  debtor,  necessary  for 
carrying  on  his  trade  or  business  ;  and  also,  the  books  in  the 
library  of  a  family,  student,  or  professional  man,  to  an  amount 
not  exceeding  $  500. 

Homestead  Law. — In  addition  to  the  property  now  exempt- 
ed by  law  from  execution,  there  shall  be  exempted  the  lot 
and  buildings  thereon,  occupied  as  a  residence,  owned  by  the 
debtor,  or  any  such  building  owned  by  the  debtor  on  land  net 
his  own,  but  which  he  holds  possession  of  by  lease,  or  other- 
wise, he  being  a  house-holder,  and  having  a  family,  to  the 
value  of  eight  hundred  dollars.  Such  exemption  shall  enure 
to  the  widow  and  family  of  the  deceased  until  the  youngest 
child  shall  become  twenty- one  years  of  age  and  until  the 
death  of  the  widow.  Deed  of  purchase  must  set  forth  that 
property  is  designed  to  be  held  as  a  homestead.     The  prop- 

TG  7 


74  RECOVERY   OF   DEBTS   IN    MASSACHUSETTS. 

erty  shall  not  be  exempted  for  debts  contracted  for  the  pur- 
chase, or  before  deed  was  recorded.  If  premises  are  of  greater 
value  than  eight  hundred  dollars,  the  property  may  be  divided 
by  appraisers,  if  it  can  be  done  without  injury  to  the  same,  or 
the  judgment  creditor  may  require  the  sheriff  to  sell  the  prem- 
ises at  public  sale  ;  from  which  sale  eight  hundred  dollars  are 
to  be  paid  to  the  debtor,  which  sum  shall  be  exempted  from 
execution  for  one  year. 

All  writs  in  which  the  plaintiff  is  not  an  inhabitant  of  this 
State,  must,  before  entry,  be  endorsed  by  some  sufficient  per- 
son who  is  in  inhabitant  of  the  State. 

Trustee  Process. — Every  person  having  any  goods,  effects, 
or  credits  of  a  debtor  in  his  possession,  may  be  summoned  as 
a  trustee.  And  if  he  shall  not  appear  and  file  his  answer 
within  the  first  four  days  of  the  return  term  of  the  writ  in  any 
county  except  Suffolk,  and  in  Suffolk  within  the  first  ten  days 
of  the  return  term,  or  during  the  return  term  if  the  court  shall 
not  sit  ten  days  in  Suffolk,  or  four  days  in  any  other  county, 
he  shall  be  defaulted,  and  adjudged  a  trustee.  In  trusteeing 
the  wages  or  services  of  any  person,  the  plaintiff  shall  pay 
all  costs  of  trustee  and  defendant,  unless  he  recover  more 
than  $^5  as  debt.  If  the  wages  or  services  of  any  person 
shall  be  trusteed  for  any  debt  other  than  for  necessaries,  and 
there  shall  not  be  in  the  hands  of  the  trustee  a  sum  due,  as 
such  wages,  exceeding  $20.  the  trustee  shall  be  discharged. 

Imprisonment  for  Debt  has  been  abolished,  except  in  cases 
of  fraud.  No  debtor  can  be  arrested  on  mesne  process,  in 
any  action  of  contract,  unless  the  creditor,  or  some  one  in  his 
behalf,  make  oath,  that  he  has  good  cause  of  action,  and  a  rea- 
sonable expectation  of  recovering  a  sum  amounting  to  twenty 
dollars  ;  and  that  he  believes  the  defendant  intends  to  leave 
the  State  so  that  execution  cannot  be"served  on  him. 

Redemption. — Mortgaged  real  estate  can  be  redeemed  at 
any  time  within  three  years  after  foreclosure.  Mortgaged 
personal  property  within  sixty  days  after  notice. 

Insolvent  Laws. — Any  debtor  owing  two  hundred  dollars 
may  take  the  benefit  of  the  Insolvent  Law.  There  are  cer- 
tain cases  in  which  creditor  having  a  demand  of  one  hundred 
dollars  against  the  debtor's  estate,  can  compel  him  to  take 
the  benefit  of  the  law.  The  messenger  (who  must  be  a  sheriff 
or  deputy  sheriff  of  the  county,)  must  give  public  and  personal 
notice  to  the  creditors  of  the  time  and  place  of  meeting.  No 
discharge  is  granted  if  the  debtor,  within  six  months  before 
the  filing  of  a  petition,  procures  his  lands,  goods,  &c.,  to  be 
attached,  or  seized  on  execution,  or,  in  contemplation  of  in- 
solvency, mortgages,  assigns,  or  sells  any  real  or  personal 
property,  intending  to  give  a  preference  to  a  pre-existing 


RECOVERY   OF   DEBTS   IN    RHODE   ISLAND.  75 

creditor,  inrlorser,  or  surety,  unless  the  debtor  had  reasonable 
cause  to  believe  himself  solvent,  and  all  preferences  so  made 
are  void.  Preference  is  given  for  labor  performed  within 
sixty- five  days,  to  the  amount  of  twenty-five  dollars.  No 
discharge  is  granted  to  a  debtor  whose  assets  do  not  ^2i-y  fifty 
cents  on  the  dollar,  unless  a  majority  in  number  and  value  of 
his  creditors,  who  have  proved  their  claims,  shall  assent 
thereto  in  writing  within  six  months. 

Oath  administered  to  a  creditor  to]  prove  a  claim. 
"  I,  A.  B.,  do  swear  ihat  . . , . ,  of  . . . .,  by  (or  as;aiii*t,)  whom  proceed- 
ini^s  in  insolvency  have  been  instituted,  at  and  before  the  dale  of  such  pro- 
ceedings was,  and  still  is,  justly  and  truly  indebted  to  me  in  the  sum  of 
....  dollars,  for  which  sum.  or  any  part  thereof,  1  have  not,  nor  has  any 
other  person  to  my  use,  to  my  knowledge  or  belief,  received  any  security 
or  suiisfaclion  whatever,  beyond  what  has  been  disposed  of  agreeably  to 
law.  And  I  do  further  swear,  that  the  said  claim  was  not  procured  by  me 
for  the  purpose  of  influencing  the  proceedings  in  this  case. 

The  oath  of  a  creditor  to  prove  his  claim  may  be  adminis- 
tered by  any  justice  of  the  peace  where  creditor  resides  more 
than  five  miles  from  the  place  of  meeting  of  the  creditors.* 

*  The  creditor  can  enclose  his  claim,  with  the  above  oath,  in  an  envelope 
to  the  Commissioner  or  Assignee. 

BHODE  ISLAND. 

Attachment. — A  writ  of  attachment  may  issue  to  arrest  the 
body  of  the  debtor,  but  if  the  officer  cannot  find  the  body  of 
the  defendant  within  his  precinct,  he  shall  then  attach  his  per- 
sonal property  to  the  value  commanded  in  the  writ,  which  he 
will  keep  in  his  hands  as  security  to  satisfy  such  judgment 
as  the  plaintiff  may  recover.  But  when  neither  the  body  nor 
personal  estate  of  the  debtor  can  be  found  by  the  officer  within 
the  State,  the  words  real  estate  may  be  added  in  the  writ,  which 
the  officer  will  attach  in  the  same  manner  as  personal  estate. 

trustee  Process. — When  any  debtor  resides  oris  absent  out 
of  the  State,  or  conceals  himself  therein,  so  that  his  body  can- 
not be  arrested,  the  personal  estate  of  such  person  in  the 
hands  of  any  other  person  can  be  attached.  Stock  or  shares 
in  a  bank  or  corporate  company  are  liable  to  be  attached. 

Exemptions  from  Attachment.  Household  furniture,  family 
stores,  beds  and  bedding,  to  the  value  of  $200.  The  work- 
ing tools  of  a  mechanic,  to  the  value  of  $50  ;  wearing  ap- 
parel of  himself  and  family  ,  and  one  cow,  or  one  hog. 

Arrest  of  Debtor. — The  debtor  may  be  arrested  on  exe- 
cution, and  committed  to  jail,  and  kept  there  during  the 
pleasure  of  the  creditor,  or  until  he  pay  the  amount  of  judg- 
ment and  costs,  or  lake  the  oath  prescribed  for  the  relief  of 
poor  debtors  ;  after  which  he  is  required  to  give  the  cred- 
itor his  note  for  the  amount  of  debt  and  costs,  payable  in  two 
years,  with  interest,  at  the  end  of  which  time,  if  the  note 
remains  unpaid,  he  may  again  be  arrested  and  imprisoned. 
Debtor  can  be  released  on  obtaining  bail. 


T^  RECOVERY    OF    DEBTS    IN    CONNECTICUT. 

Redemption. — Personal  estate  sold  on  execution  can  be  re- 
deemed within  ten  days  ;  and  real  estate  within  three  months. 
Mortgaged  real  estate  can  be  redeemed  within  three  years. 

Insolvent  haw, — A  person  who  has  been  an  inhabitant  of 
the  Stale  for  three  years,  and  whose  debts  exceed  one  hun- 
dred dollars,  can  petition  for  the  benefit  of  this  act,  which  he 
can  obtain  by  executing  a  deed  of  all  his  estate  in  trust  for 
the  benefit  of  his  creditors. 

CONNECTICUT. 

Limitation  of  Actions. — Actions  on  bonds  or  other  special- 
ties, and  promissory  notes  not  negotiable,  must  be  brought 
within  seventeen  years.  Actions  of  account,  of  debt  on 
books,  or  simple  contract,  or  of  assumpsit  founded  upon  im- 
plied contract,  and  upon  negotiable  notes,  must  be  brought 
within  six  years. 

Attachment. — The  first  process  for  the  recovery  of  debts,  is 
by  a  writ  of  attachment,  or  summons.  This  writ  is  served 
by  attaching  the  goods  and  chattels  (except  such  as  are  ex- 
empted by  law)  of  the  debtor,  and  if  none  can  be  found,  by 
attaching  his  lands. 

If  the  plaintiff  is  not  an  inhabitant  of  the  State,  or  is  un- 
able to  pay  the  costs,  if  a  recovery  is  had  against  him,  a  bond 
is  required  in  some  responsible  inhabitant,  to  meet  all  damages 
in  case  he  make  not  his  plea  good. 

Trustee  Process. — The  effects  of  absent  or  absconding 
debtor,  or  goods  concealed  in  the  hands  of  agents,  so  that 
they  cannot  be  come  at  to  be  attached,  or  debts  due  from  any 
person  to  such  debtors,  are  attachable  by  trustee  process ; 
excepting  a  debt,  under  ten  dollars,  for  personal  services. 

Homestead,  of  the  value  of  three  hundred  dollars,  is  ex- 
empted from  execution,  with  the  necessary  repairs  and  addi- 
tions, though  above  that  sum.  Also — apparel ;  bed  and  bed- 
ding ;  household  furniture  ;  implements  of  debtor's  trade  ; 
cow  ;  ten  sheep  :  two  swine  ;  twenty-five  bushels  charcoal ; 
two  tons  coal  ;  two  hundred  pounds  flour;  two  cords  wood  ; 
two  tons  hay  ;  two  hundred  pounds  beef;  five  bushels  pota- 
toes ;  do.  turnips  ;  ten  bushels  Indian  corn  ;  twenty  pounds 
wool  or  flax  ;  stove  ;  pew  in  church  ;  horse,  saddle  and  biidle 
of  a  practising  physician,  not  exceeding  $  100. 

Arrest  of  Debtor. — No  person  can  be  arrested  except  on 
the  ground  of  fraud.  Whenever  a  debtor  is  arrested,  he 
may  require  the  officer  to  take  him  before  a  justice  of  the 
peace  for  the  county,  who  may  judge  between  the  parties, 
and,  if  he  see  cause,  administer  the  insolvent  oath,  and  there- 
upon liberate  the  debtor  from  arrest.  But  this  oath  cannot 
be  administered  if  the  plaintiff  make  affidavit  that  he  be- 
lieves defendant  has  assigned  his  property  with  intent  to  de- 
fraud his  creditors,  or  is  about  to  remove  out  of  the  state. 


RECOVERY    OF    DEBTS   IN    NEW    YOBK.  77 

Redemption. — Lands  sold  on  execution  cannot  be  redeemed. 

Insolvent  Law  of  1853  requires  that  assignments  shall  be 
for  the  benefit  of  all  the  creditors,  or  creditor  may  petition 
Judge  of  Probate  for  appointment  of  trustee  of  debtor's  estate. 
All  attachments  made  within  sixty  days  preceding  such  as- 
signment, or  application,  are  dissolved.  All  conveyances  by 
mortgage  or  otherwise,  which  shall  have  been  made  in  view 
of  insolvency  are  void.  Debtor  must  make  oath  of  the  deliv- 
ery of  all  property  of  every  kind,  in  or  out  of  the  State,  and 
that  he  has  not  conveyed  or  disposed  of  any  property  for  the 
purpose  of  giving  any  preference  in  view  of  Insolvency. 
Debtor  to  receive  a  sum  not  exceeding  $  15  a  week  for 
support  of  himself  and  family,  and  for  a  time  not  exceeding 
six  months.  If  the  estate  pay  fifty  per  cent.,  debtor  is  to  re- 
ceive twenty-five  per  cent.,  amount  not  to  exceed  $  1000.  If 
the  estate  pay  seventy-five  per  cent.,  or  more,  debtor  shall  be 
entitled  to  an  absolute  discharge.  The  household  furniture 
to  be  included  in  debtor's  inventory  of  the  estate,  but  the 
court  shall  set  off  to  debtor  so  much  as  is  necessary  for  debtor 
and  his  family,  not  exceeding  $  300.  Claims  must  be  pre- 
sented within  six  months.  All  debts  for  labor  performed 
within  six  months  preceding  institution  of  proceedings  to  be 
paid  in  full,  if  less  than  $25. 

NEW  YOBK. 

Limitalion  of  Actions. — Actions  upon  a  contract,  obligation, 
or  liability  (express  or  implied)  except  on  judgments  of  courts 
of  record,  or  sealed  instruments,  must  be  commenced  within 
six  years.  Where  there  are  open  and  mutual  accounts  the 
cause  of  action  shall  be  deemed  to  have  commenced  from  the 
time  of  the  last  item  charged  in  the  account  on  the  adverse  side. 

Where  the  time  of  commencing  an  action  on  a  contract 
has  expired,  the  cause  of  action  can  only  be  revived  by  an 
acknowledgment,  or  new  promise,  in  writing,  signed  by  the 
parly  to  be  charged  therewith. 

Actions  are  commenced  by  serving  a  summons  upon  the 
defendant  The  summons  is  subscribed  by  the  plaintiff,  or 
his  attorney,  and  directed  to  the  defendant,  and  requires  him 
to  answer  the  complaint,  and  serve  a  copy  of  his  answer  on 
the  person  whose  name  is  subscribed  to  the  summons,  at  a 
place  within  the  State,  within  twenty  days  after  the  service 
of  the  summons.  The  plaintiff  also  inserts  a  notice  in  the 
summons,  in  an  action  on  a  contract  for  the  recovery  of  mon- 
ey, that  he  will  take  judgment  for  a  specified  sum,  if  the  de- 
fendant fails  to  answer  in  twenty  days.  In  other  actions,  if 
defendant  fail  to  answer  in  twenty  days,  the  plaintiff  will 
apply  to  the  court  for  the  relief  demanded  in  the  complaint. 
In  actions  affecting   the  title  to  real  property,  notice  of  a 

TO  7* 


"3^       RECOVERY  OF  DEBTS  IN  NEW  YORK. 

pendency  of  the  action  is  given  by  filing  with  the  clerk  of  the 
county  a  description  of  the  property,  and  names  of  the  parties. 

Attachment. — The  real  and  personal  property  of  a  debtor, 
may  be  attached — whenever  such  debtor,  being  an  inhabitant 
of  the  State,  shall  secretly  depart  therefrom,  with  intent  to 
defraud  his  creditors,  or  to  avoid  process  of  service,  or  keeps 
himself  concealed  with  like  intent ;  or  whenever  a  person,  not 
being  a  resident  of  the  state,  shall  be  indebted  on  a  contract 
made  within  the  state,  or  to  a  creditor  residing  within  the  state 
although  upon  a  contract  made  elsewhere.  The  application 
for  attachment  must  be  in  writing,  verified  by  the  affidavit  of 
the  creditor,  and  the  facts  and  circumstances  established  by 
the  affidavit  of  two  disinterested  witnesses. 

The  plaintiflf  must  give  security,  before  the  issuing  of  the 
warrant,  to  the  effect,  that  if  the  defendant  recover  judgment, 
the  plaintiff  shall  pay  all  costs  and  damages  awarded  to  defend- 
ant, and  all  damages  he  may  sustain  by  reason  of  the  attach- 
ment, not  exceeding  the  sum  specified  in  the  undertaking, 
which  shall  be  at  least  $  250. 

Any  other  creditor  may  become  a  party  to  the  attachment, 
whose  debt  is  then  due,  on  filing  with  the  officer  an  affidavit, 
specifying  the  sum  due  him,  over  and  above  all  discounts,  and 
expressing  in  a  petition,  his  desire  to  be  deemed  an  attaching 
creditor. 

Whenever  a  warrant  of  attachment  shall  be  issued,  notice 
must  be  given  by  advertisement  in  the  State  paper,  in  a  news- 
paper printed  in  the  city  of  New  York,  and  one  in  the  county 
to  which  any  attachment  shall  be  issued  ;  which  notice  shall 
be  published  once  a  week  for  three  months  in  the  case  of  an  ab- 
sconding debtor,  and  for  nine  months  in  the  case  of  a  non-resi- 
dent. No  assignment,  mortgage,  or  conveyance  is  valid 
as  against  creditors  after  the  first  publication  of  such  notice. 

If  the  debtor  shall  not  appear  and  satisfy  his  creditors, 
within  the  time  specified  in  the  notice,  the  officer  who  issued 
the  warrant,  shall  within  three  months  after  the  expiration  of 
the  time  so  limited,  appoint  three  or  more  fit  persons  to  be 
trustees  for  all  the  creditors  of  such  debtor  ;  and  every  person 
indebted  to,  or  holding  any  property  of  the  debtor,  after  such 
notice,  must  account  and  answer  for  the  same  to  the  trustees. 

Articles  which  are  perishable  may  be  sold  by  order  of  the 
officer  issuing  the  warrant. 

Insolvent  Law. — Every  insolvent  debtor  may  be  discharged 
from  his  debts  upon  executing  an  assignment  of  all  his  estate 
for  the  benefit  of  his  creditors.  The  petition  must  be  signed 
by  the  debtor,  and  creditors  residing  in  the  U.  S.  whose  claims 
amount  to  two-thirds  of  all  the  debts  owing  by  him  to  credi- 
tors in  the  U.  S.  Each  petition  must  be  accompanied  by 
affidavit,  and  shall  specify  the  amount  of  the  debt,  and  that  it 


RECOVERY    OF    DEBTS    IN    NEW    YORK.  79 

is  justly  due,  or  will  become  so  at  the  time  specified  therein, 
and  the  nature  of  the  demand,  evidence,  and  consideration. 

Creditors  residing  out  of  this  state,  may  petition  and  unite 
in  any  petition,  in  the  same  manner  as  resident  creditors; 
and  affidavits  must  be  sworn  to  by  them,  before  a  judge,  or 
clerk  of  a  court  of  record  of  the  state  in  which  they  reside, 
duly  authenticated  under  the  seal  of  such  court. 

Any  petitioning  creditor  purchasing  a  debt  or  demand 
against  the  debtor  for  less  than  its  nominal  amount,  shall  be 
deemed  a  creditor  to  the  amount  actually  and  in  good  faith 
paid  by  him  for  such  debt  or  demand. 

Duties  of  Trustees. — The  trustees  shall  as  speedily  as  pos- 
sible, convert  all  the  estate  of  the  debtor  into  money  ;  and 
within  fifteen  months  from  the  lime  of  their  appointment 
call  a  general  meeting  of  the  creditors,  by  a  notice  similar  to 
the  one  of  their  appointment,  at  not  less  than  two,  nor  more 
than  three  months.  At  this  meeting  all  accounts  must  be 
adjusted.  And  after  payment  of  expenses,  the  remainder  will 
be  distributed  among  the  creditors,  in  proportion  to  their  re- 
spective demands. 

Arrest. — Debtor  may  be  arrested  when  the  creditor  estab- 
lishes by  affidavit,  that  a  sufficient  cause  of  action  exists,  and 
that  there  is  a  certain  sum  due  him,  specifying  the  nature  and 
amount  thereof;  and  that  the  defendant  has  been  guilty  of  fraud 
in  contracting  the  debt,  or  incurring  the  obligation,  or  in  con- 
cealing or  disposing  of  the  property  respecting  which  action 
is  brought,  or  has  removed  his  properly,  or  is  about  to  do  so, 
with  intent  to  defraud  his  creditors,  or  that  he  has  rights  in 
action  or  property  which  he  fraudulently  conceals,  or  is  about 
to  remove  from  the  stale  ;  (and  the  above  applies  to  non-resi- 
dents as  well  as  residents)  ;  or  he  may  be  arrested  for  any 
misconduct,  neglect  of  office,  or  in  a  professional  employment. 

'I'he  debtor  may  appear  before  the  judge  who  issued  the 
warrant, and  controvert  by  his  own  affidavit  or  otherwise,  any 
of  the  charges  alleged,  and  after  a  hearing  of  all  the  parties  in- 
terested and  their  witnesses,  if  he  is  satisfied  that  the  charges 
against  the  debtor  are  true,  he  may  order  him  to  be  commit- 
ted to  prison,  and  there  detained  until  discharged  by  law. 
Such  debtor  can  be  released  on  giving  bail  or  surety  to  pay 
the  debt  and  costs  within  sixty  days  ;  or  he  may  execute  an 
assignment  of  all  his  property  ;  or  enter  into  a  bond  to  apply 
within  thirty  days  for  an  assignment  and  discharge  ;  or  give 
security  that  he  will  not  remove  or  otherwise  dis[;ose  of  any 
property,  with  an  intent  to  defraud  his  creditor,  until  the 
demand  of  the  plaintiff  shall  be  satisfied,  or  until  three  months 
has  elapsed  from  the  rendition  of  final  judgment  in  the  suit 
brought  for  the  recovery  of  such  demand. 

The  plaintiff  must  give  security,  before  the  order  of  arrest 


80  KECOVERY    OF    DEBTS    IN    NEW   YORK. 

is  issued,  to  the  eflFect,  that  if  the  defendant  recover  judgment 
he  will  pay  all  costs  and  damages  that  may  be  awarded  to 
the  defendant,  and  all  damages  which  he  may  sustain  by 
reason  of  the  arrest,  not  exceeding  the  sum  specified  in  the 
undertaking,  which  shall  be  at  least  one  hundred  dollars. 

Redemption. — Real  estate,  sold  under  execution  or  mort- 
gage, may  be  redeemed  by  debtor  within  one  year  from  time 
of  sale,  by  paying  the  amount  of  purchase  money,  and  ten 
per  cent,  interest  from  the  time  of  sale.  Fifteen  months  after 
sale,  judgment  creditor  can  redeem  the  same  by  paying  the 
amount  of  purchase  money,  and  seven  per  cent,  interest. 

Property  exempt  from  attachment  consists  of  spinning- 
wheels,  weaving  looms,  stoves  ;  bibles,  family  pictures,  school 
books,  and  books  not  exceeding  fifty  dollars  in  value,  used 
as  part  of  the  family  library,  pew  ;  ten  sheep,  cow,  two  swine, 
and  the  necessary  food  for  them  ;  provisions  and  fuel  necessary 
for  the  use  of  the  family  for  sixty  days ;  necessary  wearing 
apparel,  beds,  bedsteads,  and  bedding,  cooking  utensils,  &c. 
for  the  use  of  the  family ;  and  tools,  necessary  for  a  mechan- 
ic, of  the  value  of  $25.  Tn  addition,  the  necessary  house- 
hold furniture,  tools,  and  team,  to  the  value  of  $  1.50. ;  land 
not  exceeding  quarter  of  an  acre,  used  as  a  family  burying 
ground,  and  certified,  acknowledged,  and  recorded  as  such. 

Homestead  of  a  householder,  of  the  value  of  $  1000,  is  ex- 
empted from  sale.  After  the  death  of  the  householder,  the 
exemption  shall  continue  for  the  benefit  of  the  widow  and 
famil)',  until  the  youngest  child  is  twenty-one  years  of  age, 
and  until  the  death  of  the  widow.  To  entitle  any  property 
to  such  exemption,  a  notice  that  the  same  is  designed  to  be 
so  held  shall  be  executed  and  acknowledged  by  the  person 
owning  said  property,  which  notice  shall  contain  a  full  de- 
scription thereof,  and  shall  be  recorded. 

When  sherifl^ thinks  the  premises  worth  more  than  $  1000, 
he  shall  summon  six  jurors,  and  if  in  their  opinion  the  prop- 
erty can  be  divided  without  injury  to  the  interests  of  the  par- 
ties, they  shall  set-off  so  much  of  said  premises,  including 
the  dwelling-house,  as  in  their  opinion  is  worth  $  1000,  and 
the  residue  may  be  advertised  and  sold  by  the  sheriff.  But 
in  case  the  premises  cannot  be  divided,  without  detriment  to 
the  interests  of  the  parties,  they  shall  make  an  appraisal 
thereof,  and  unless  the  surplus  over  and  above  $  1000  is  paid 
by  the  debtor  or  his  family  within  sixty  days,  the  sherifi  shall 
advertise  and  sell  the  premises ;  and  from  the  proceeds  of 
such  sale  shall  pay  to  the  execution  debtor  the  sum  of  $1000, 
which  sum  shall  for  one  year  be  exempted  from  execution. 
But  no  sale  shall  be  made,  unless  a  greater  sum  than  $  1000 
shall  be  bid  therefor.  Such  homestead  is  not  exempted  from 
taxation,  or  sale  for  taxes. 


RECOVERY   OF   DEBTS   IN   NEW   JERSEY.  81 


The  amount  ami.  rate  of  legal  costs  in  New  York,  is  as  follows  : — 
T(i  llie  pliiiiuifTiii  an  aclioii  where  judgment  upon  fuilurelo  answer  may 
be  had  without  application  to  the  court,  S7;  where  it  can  only  l)e  had  by 
application  to  the  court,  812;  for  all  subsequent  proceedings  before  trial,  $7. 
To  the  defendant  for  all  the  proceedings  betbre  notice  of  trial,  §5;  for  all  sub- 
sequent proceedings  before  trial,  $7.  For  the  trial  of  issues  of  law,  it  sep- 
arate from  issues  of  fact,  t»  the  plaintiff,  $15;  to  the  defendant,  $12.  For 
the  trial  of  issues  of  fact,  if  separate  from  trial  of  issues  of  law,  to  the  plain- 
tiff, §15  ;  to  the  defendant,  SI'-J-  For  the  trial  of  issues  of  fact  and  ot  law, 
upon  trial  at  the  same  time,  to  llie  plaintiff,  S20;  to  the  defendant,  $15.  To 
either  party  on  appeal,  excepting  to  the  court  of  appeals,  before  argument, 
$15  ;  for  argument,  $30.  To  either  party  on  appeal  to  the  court  of  appeals, 
before  argument,  $20  ;  for  argument,  $50  To  either  party  for  every  circuit 
or  term  at  which  the  cause  is  necessarily  on  the  calendar  and  not  reached, 
or  postponed,  excluding  that  at  which  it  is  tried  or  heard,  $10. 

Fees  of  referees  shall  be  !Si3  to  each,  unless  the  parties  otherwise  agree. 

NEW  JERSEY. 

Actions  on  Contracts  must  be  commenced  within  six  years. 

Attachment. — A  creditor,  or  his  agent,  or  attorney,  may  ob- 
tain a  writ  of  attachment  against  his  debtor,  by  making  oath 
that  he  believes  such  debtor  is  not  a  resident  of  the  State  at 
the  time,  or  lliat  he  has  absconded  from  his  creditors  ;  and  that 
he  owes  him  a  certain  sum  of  money. 

If  the  plaintiff  be  a  non-resident  of  the  stale,  an  affidavit 
must  be  made  of  the  cause  of  the  action,  before  a  Commis- 
sioner, or  notary  public,  in  the  state  in  which  the  creditor 
resides,  or  professes  to  be  at  the  time. 

Exemptions. — Household  goods,  chattels  and  tradesman's 
tools,  to  the  value  of  $  200,  and  all  wearing  apparel,  the 
property  of  a  debtor  having  a  family  ;  which  property  is  ex- 
empt as  well  after,  as  before  the  death  of  the  debtor,  for  the 
use  of  the  family. 

Arrest  of  Debtor. — The  debtor  cannot  be  arrested  in  any 
action  founded  upon  contract  express  or  implied,  except  the 
creditor  make  oath,  that  there  is  a  debt  due  him  —  that  the 
debtor  is  about  to  remove  his  property  out  of  the  jurisdiction 
of  the  court,  with  intent  to  defraud  his  creditors  —  that  he 
has  property  or  rights  which  he  fraudulently  conceals  —  and 
that  he  has  assigned,  removed,  or  disposed  of  such  property, 
or  is  about  to  dispose  of  it,  or  that  he  fraudulently  contracted 
the  debt.  The  debtor  is  then  ordered  to  be  held  to  bail  in 
such  sum  as  the  creditor  shall  swear  to  be  due. 

Redemption. — Lands  sold  on  execution  cannot  be  redeemed, 

Inso/vait  Law. — Persons  arrested  or  held  in  custody  in  any 
civil  action,  upon  meiise  or  final  process,  may  obtain  discharge 
from  imprisonment,  hut  not  from  debt,  by  taking  benefit  of  the 
insolvent  laws.    Debts  must  be  proved  within  eighteen  months. 

Assignments  must  provide  for  the  equal  distribution  of  the 
debtor's  property  among  his  creditors.  No  preferences  are 
permitted  excepting  to  mortgage  and  judgment  creditors,  in 
good  faith,  where  the  judgment  has  not  been  made  by  con- 
fession for  the  purpose  of  preferring  creditors. 


82  RECOVERY    OF    DEBTS    IN    PENNSYLVANIA. 

PENNSYLVANIA. 

Limitation.  All  actions  of  debt  founded  upon  any  contract 
or  lending,  (except  between  merchant  and  merchant)  must 
be  brought  within  six  years. 

Attachment. — If  affidavit  be  made,  and  filed  by  the  creditor, 
of  the  fact  of  indebtedness,  and  that  the  debtor  has  absconded 
from  his  usual  place  of  abode,  or  conceals  himself  to  avoid 
process,  his  property,  both  real  and  personal  (except  such  as 
is  exempted  by  law)  may  be  attached.  The  court  will  ap- 
point trustees,  not  being  creditors,  in  whom  the  entire  estate 
of  the  debtor  is  vested,  and  who  will  divide  the  property 
pro  rata  among  all  creditors,  who  shall  prove  their  claims. 

Trustee  Process. — Real  and  personal  estate  of  a  debtor, 
who  does  not  reside  within  the  State,  can  be  attached,  and 
the  garnishee  is  bound  to  disclose  on  oath,  &c. 

A  creditor  residing  in  another  State,  may  make  affidavit 
before  a  Commissioner  of  the  State  of  Pennsylvania,  stating 
the  amount  of  debt,  after  deducting  all  off-sets  and  discounts, 
and  averring  that  the  debt  has  not  been  paid,  but  that  the 
sameisstill  due  and  unpaid.  Bond  is  required  of  plaintiff  for 
payment  of  costs  in  case  judgment  is  given  to  defendant 

Articles  exempted  from  Attachment.  —  That  in  lieu  of  the 
property  now  exempt  by  law  from  levy  and  sale  on  execu- 
tion, issued  upon  any  judgment  obtained  upon  contract,  and 
distress  for  rent,  property  to  the  value  of  three  hundred 
dollars,  exclusive  of  all  School  Books,  in  use  in  the  family, 
and  family  Bible,  (which  shall  be  exempted  as  heretofore) 
and  no  more  owned  by  or  in  possession  of  any  debtor  shall  be 
exempt  from  levy  and  sale  on  execution,  or  by  distress  for  rent. 

The  law  provides  that  the  officer  shall,  if  requested  by  the 
debtor,  summon  three  competent  men  to  appraise  the  property 
exempted,  &c.  ;  and  the  property  may  be  real  or  personal  at 
the  option  of  the  debtor.  An  act  of  1850  requires  that  three 
hundred  dollars  worth  of  property  of  any  decedent  shall  not 
be  taken  from  his  widow  or  children,  if  he  have  them. 

Arrest  of  Debtor. — No  person  can  be  arrested  or  imprisoned 
for  debt,  unless  the  creditor  make  oath,  that  a  certain  amount 
of  money  is  justly  due  to  him,  and  that  the  debtor  is  about 
to  remove  his  property  out  of  the  jurisdiction  of  the  court ; 
or  conceals  it  fraudulently  ;  or  has  rights  in  action  or  interest  in 
stocks,  money,  or  evidence  of  debt  which  he  refuses  to  apply  to 
the  payment  of  a  judgment;  or  that  he  has  assigned,  re- 
moved, or  otherwise  disposed  of  his  property  to  defraud  his 
creditors  ;  or  is  about  so  to  dispose  of  it ;  or  that  he  fraudu- 
lently contracted  the  debt. 

The  defendant,  upon  being  arrested,  may  appear  before  the 
judge,  and  if  he  controverts  the  above  charges,  or  pays  the 
demand,  or  gives  security  that  it  shall  be  paid  within  sixty 


EECOVERY   OF  DEBTS   IN   DELAWARE.  83 

days,  or  a  bond  that  he  will  not  remove  his  property,  nor  con- 
vey it  away,  or  will  within  thirty  days  apply  for  the  benefit  of 
the  insolvent  laws,  —  he  will  be  discharged. 

Insolvent  Law. — Persons  resident  within  the  State  six 
months,  or  who  have  been  in  prison  three  months,  may  peti- 
tion for  the  benefit  of  the  act.  Debtor  can  obtain  his  dis- 
charge, if  he  has  not  become  bankrupt  through  gambling, 
lottery  tickets,  or  has  fraudulently  concealed  his  property  ; 
but  if  he  has  done  either,  he  is  deprived  of  the  benefit  of  the 
act,  and  becomes  liable  to  imprisonment  as  for  a  misde- 
meanor. No  other  creditors  are  affected  by  the  discharge  of 
the  debtor,  except  those  who  had  due  notice. 

Assignments. — A  debtor  may  make  a  conveyance  of  all 
his  property  (not  subject  to  any  lien)  in  trust  for  the  benefit 
of  his  creditors.  No  preference  can  be  given,  except  for  the 
wages  of  labor,  not  exceeding  in  all  fifty  dollars. 

Redemption. — Lands  sold  on  execution  cannot  be  redeemed. 

DELAWARE. 

Limitation  of  Actions. — All  actions  of  debt,  account,  as- 
sumpsit, and  upon  the  case,  must  be  brought  within  three 
years,  except  a  mutual  open  account  between  parties,  or  upon 
a  promissory  note  or  bill  of  exchange,  which  may  be  com- 
menced within  six  years. 

Attachment. — A  writ  of  attachment  may  issue  against  the 
property  of  a  resident,  or  a  non-resident  of  this  State,  upon 
oath  of  the  plaintiff  that  the  debtor  is  indebted  to  him  in  the 
sum  of  fifty  dollars,  and  has  absconded,  or  gone  out  of  the 

fovernment  with  intent  to  deceive  or  defraud  his  creditors, 
he  writ  runs  against  all  the  property,real  or  personal,  of 
the  debtor,  or  credits  in  the  hands  of  a  garnishee,  whether 
he  be  a  resident  or  not. 

Upon  the  return  of  the  writ  of  attachment,  three  persons 
must  be  appointed  to  adjust  the  claims  of  the  plaintiff,  and  all 
other  creditors  who  may  become  parties,  after  thirty  days' 
public  notice. 

If  a  debtor  is  about  leaving  the  State,  with  his  effects,  the 
creditor  may  have  him  arrested  though  the  debt  is  not  due. 

Against  a  resident,  one  writ  must  be  returned  non  est  in- 
ventus, before  an  attachment  can  issue. 

Exemption. — Property  amounting  to  $  100,  is  exempted 
from  execution,  or  distress  for  rent. 

Imprisonment  for  Debt. — No  free  white  citizen  can  be  im- 
prisoned, except  upon  oath  of  the  plaintiff  that  the  dbebtoris 
justly  indebted  to  him  in  a  sum  exceeding  five  dollars,  and 
that  he  verily  believes  that  defendant  has  secreted,  assigned, 
or  disposed  of  properly  of  the  value  of  more  than  that  amount, 


84  KECOVERY   OF   DEBTS   IN    MARYLAND. 

with  intent  to  defraud  his  creditors ;  and  specify  and  set  forth 
the  supposed  fraudulent  transactions.  A  writ  cannot  issue  to 
take  the  body  of  the  debtor,  unless  it  appears  from  the  sheriflTs 
return  that  he  has  no  property  within  the  county  to  satisfy  the 
debt,  or  until  the  plaintiff  has  made  oath  to  the  same  effect. 
There  is  no  redemption  for  lands  sold  on  execution. 

MAEYLAND. 

Actions  of  debt  upon  any  contract  or  account  (except  ac- 
counts as  between  merchant  and  merchant)  must  be  brought 
within  three  years. 

Attachment. — A  writ  of  attachment  maybe  sued  out  against 
the  property  and  effects  of  a  debtor,  who  is  either  a  non-resi- 
dent, or  has  absconded,  or  secretes  himself  with  intent  to 
evade  payment  of  his  debts.  Where  the  debtor  is  absent  or 
has  absconded,  the  creditor  must  make  oath  of  the  defen- 
dant's indebtedness,  and  that  he  either  knows,  or  is  credibly 
informed,  or  believes,  that  he  has  removed  from  his  place  of 
abode,  with  intent  to  defraud  his  creditors. 

When  the  affidavit  is  made  out  of  the  state,  it  maybe  taken 
before  a  Commissioner ; — the  creditor  making  oath  that  the 
goods,  or  moneys,  were  delivered  as  charged,  that  he  has 
never  received  satisfaction  or  security  therefor,  and  that  the 
balance  claimed  is  justly  due. — The  clerk  or  store-keeper  will 
also  make  oath  to  the  delivery  of  the  goods,  and  the  non-pay- 
ment of  the  money  ; — and  such  oaths  must  be  made  within 
twelve  months  from  the  delivery  of  the  articles. 

Exemptions. — Real  estate  acquired  by  marriage,  for  debts 
of  husband;  wages  of  a  laborer  to  the  amount  of  $  10  in  the 
hands  of  an  employer ;  slaves  of  the  wife  (acquired  either 
before  or  after  marriage)  and  her  earnings,  not  exceeding 
$  1000  ;  corn,  bedding,  gun,  axe,  and  laborer's  necessary 
tools,  and  household  implements,  requisite  for  subsistence  of 
the  family. 

Imprisonment  for  Debt. — The  Constitution  does  not  allow 
of  imprisonment  in  any  civil  action  on  mesne  or  final  process, 
except  in  case  of  fraud. 

Insolvent  Law. — If  a  debtor  applies  for  the  benefit  of  this 
act,  he  must  make  out  a  schedule  of  his  estate,  with  a  list  of 
his  creditors,  under  oath,  to  accompany  the  petition.  A  resi- 
dence of  sixty  days  in  the  State  is  required  to  enable  a  person 
to  avail  himself  of  this  act.  A  trustee  is  appointed  for  the 
benefit  of  the  creditors,  and,  upon  the  debtor's  executing  a 
deed  to  him  of  all  his  property,  the  debtor  is  discharged  from 
all  debts  contracted  up  to  the  time  of  his  application.  All 
property,  however,  which  he  may  afterwards  acquire,  by 
gift,  bequest,  descent,  or  devise,  vests  in  his  trustee  for  the 
payment  of  his  debts. 


RECOVERY   OP   DEBTS    IN   VIRGINIA  k  N.  CAROLINA.     85 

■  The  taking  of  a  bill  or  note  is  no  discharge  of  the  debt. 
VIEGINIA. 

Limitation  of  Actions. — All  actions  upon  the  case,  (ex- 
cept slander,  and  accounts  which  concern  merchandise  be- 
tween merchant  and  merchant,)  and  all  actions  for  account, 
or  goods  and  chattels  wrongfully  detained,  and  replevin,  shall 
be  commenced  within  five  years.  All  actions  brought  on  a 
store  account  must  be  commenced  in  two  years.  A  new 
promise,  to  prevent  the  operation  of  the  statute  of  limitation^ 
must  be  in  writing. 

Attachment. — Actions  are  commenced  by  the  issuing  of  a 
warrant  by  a  magistrate,  on  affidavit,  that  the  debtor  is  re- 
moving, absconding,  or  otherwise  conceals  himself,  so  that 
process  of  law  cannot  be  served  on  him,  and  such  magistrate 
shall  grant  an  attachment  where  the  debt  or  demand  exceeds 
the  sum  often  dollars,  or  four  hundred  pounds  of  tobacco. 
Attachments  are  levied  on  the  slaves  and  personal  estate  of 
debtor,  wheresoever  and  in  whose  hands  the  same  may  be 
found.  Attachment  may  be  executed  on  Sunday,  if  the  debt- 
or is  actually  withdrawing  his  property. 

A  person  within  the  state,  holding  goods,  effects,  or  debts 
of  a  defendant  who  is  absent  from  the  state,  can  be  restrain- 
ed, by  order  of  court,  from  paying  or  transferring  the  same 
to  other  persons. 

On  a  special  plea  of  set-off,  judgment  is  forthwith  render- 
ed for  the  residue  of  the  claim  not  controverted. 

Imprisonment  for  Debt  is  abolished.  The  whole  of  the 
real  and  personal  estate  of  the  debtor  (except  such  as  is  ex- 
empted by  law,)  is  bound  by  the  levy  of  a  capias  ad  satisfa- 
ciendum from  the  time  when  execution  shall  be  levied  The 
debtor  is  compelled  by  process  of  court  to  answer  interrog- 
atories, and  to  discover  and  surrender  his  estate. 

On  delivering  up  all  personal  estate,  and  on  conveying  all 
his  real  estate  to  the  sheriff,  and  taking  the  oath  of  insolven- 
cy, the  debtor  is  discharged  from  custody. 

NOBTH  CABOLINA. 

Actions  of  account,  assumpsit,  trespass,  &c.,  must  be 
brought  within  three  years,  except  such  as  concern  the  trade 
of  merchandise,  between  merchant  and  merchant,  and  their 
factors  or  servants. 

A  Book  Debt  amounting  to  not  more  than  sixty  dollars, 
can  be  proved  by  the  suppletory  oath  of  the  plaintiff,  if  it  haa 
not  been  due  over  two  years. 

Attachment  may  issue  against  the  real  and  personal  estate 

of  the  debtor,  upon  affidavit  being  made  by  plaintiff,  that  the 

debtor  is  absconding,  or  has  removed,  or  is  removing  out  of 

the  county  privately,  or  so  absents  or  conceals  himself  that 

TO  8 


86     RECOVEKY   OF   DEBTS   IN  S.   CAROLINA   &   GEORGIA. 

the  ordinary  process  of  law  cannot  be  served  on  him ;  and 
further  swears  to  the  amount  of  his  debt  or  demand. 

Bond  must  be  given  by  the  plaintiff,  to  pay  all  costs  and 
damages,  if  the  attachment  prove  to  have  been  wrongfully 
sued  out.  Property  of  the  absconding  or  absent  debtor  in 
the  hands  of  a  garnishee  can  also  be  attached. 

Imprisonment  for  Debt. — A  debtor  can  be  arrested  and 
held  to  bail,  if  plaintiff  makes  affidavit  that  he  believes  the 
debtor  has  fraudulently  concealed  his  property,  moneys,  or 
effects,  or  is  about  to  remove  from  the  State. 

The  debtor  may  be  imprisoned  for  any  sum,  but  can  have 
benefit  of  insolvent  law  and  of  prison  limits. 

Insolvent  Laws. — Any  debtor  who  has  been  arrested  for 
debt,  and  shall  have  remained  in  prison  twenty  days,  may,  on 
petition,  be  discharged  from  prison  and  from  future  arrest 
on  the  same  demand,  on  taking  an  oath  that  he  is  not  worth 
ten  dollars  over  and  above  what  is  exempted  by  the  law,  and 
that  he  has  not  disposed  of  any  of  his  property  to  defraud  his 
creditors. 

SOUTH  CABOLINA. 
Actions. — Personal  actions  must  be  commenced  within  four 
years,  excepting  such  as  concern  trade  between  merchant  and 
merchant,  and  with  regard  to  persons  beyond  seas  five  years. 
Attachment. — A  creditor,  wherever  residing,  may  attach 
the  real  and  personal  estate  of  a  debtor,  who  is  either  a  non- 
resident, or,  being  a  citizen,  has  been  absent  from  the  state 
more  than  one  year,  or  who  absconds  or  removes,  so  that 
process  of  law  cannot  be  served  on  him.  The  creditor  must 
give  bond  conditioned  to  pay  all  damages  in  case  defendant 
recovers.     The  first  writ  must  be  first  paid. 

No  kind  of  personal  properly  is  exempt  from  execution. 
Arrest  of  Debtor. — The  body  of  the  debtor  may  be  arrested 
and  imprisoned,  when  the  debt  exceeds  twenty  pounds  current 
money.  A  person  confined  on  mense  process,  or  execution, 
may,  on  assigning  his  estate,  be  discharged  in  respect  to 
the  particular  demands  for  which  he  is  held  in  custody. 

A  resident  creditor  may  hold  debtor  to  bail,  though  the  debt 
is  not  due,  upon  making  affidavit  that  the  debtor  is  about  to 
remove  from  the  state,  and  of  his  ignorance  of  such  intended 
removal  when  the  debt  was  contracted- 

Insolvent  Law. — The  law  provides  that  a  person  in  cus- 
tody, or  on  the  prison  limits,  may,  within  one  month  from 
his  arrest,  on  petition  and  surrender  of  property,  and  threer 
months'  public  notice  thereof,  obtain  his  discharge.  . 

OEOBOIA. 

Limitation  on  notes  and  simple  contracts,  six  years  ;  upon 
open  accounts,  four  years. 


RECOVERY   OF   DEBTS   IN    ALABAMA.  87 

All  suits  of  a  civil  nature  are  begun  by  petition,  setting 
forth  the  plaintiff's  claim.  To  this  the  clerk  of  the  court  an- 
nexes a  process  requiring  defendant  to  appear  at  the  court  to 
■which  process  is  returnable,  which  process  is  to  be  served  on 
defendant  seventeen  days  before  return  day.  Should  bail  be 
required  of  the  plaintiff,  he  shall  make  oath  before  any  judge 
or  justice  of  a  superior  court  of  any  of  the  United  States,  to 
which  is  to  be  annexed  the  seal  of  the  State,  and  a  certifi- 
cate of  the  governor,  certifying  that  the  person  taking  the 
affidavit  is  such  judge  pr  justice,  of  the  amount  of  the  debt 
claimed,  and  that  he  has  reason  to  apprehend  the  loss  of  said 
amount  or  part  of  it. 

Attachment. — Suits  may  be  commenced  by  attaching  the 
property  of  the  debtor,  wherever  to  be  found,  in  the  case  of 
non-residence,  or  where  both  debtor  and  creditor  are  beyond 
the  State,  or  where  debtor  is  removing,  or  absconds,  or  con- 
ceals himself.  These  facts,  or  one  of  them,  must  be  shown 
to  exist  by  oath,  and  a  bond  be  given  in  double  the  amount 
sworn  to  be  due,  to  which  surety  must  be  given.  The  con- 
dition of  the  bond  is,  to  pay  all  costs  and  damages  which  may 
be  incurred  for  suing  out  the  same.  The  attachment  first 
served  is  to  be  first  paid.  Where  a  debtor  is  about  to  re- 
move, or  is  removing  out  of  the  state,  the  creditor,  on  oath 
as  to  such  fact,  and  of  the  indebtedness,  may  attach  his 
property  upon  an  obligation  which  is  not  due. 

Besides  the  usual  household  articles,  &c.,  fifty  acres  of 
land  are  exempted  from  execution. 

Imprisonment  for  Debt. — The  constitution  of  this  State 
provides  that,  unless  there  is  presumption  of  fraud,  no  debtor 
shall  be  imprisoned  for  debt  after  having  surrendered  all  his 
estate,  real  and  personal. 

ALABAMA. 

Actions  of  debt,  not  on  specialty,  of  account,  and  upon  the 
ease,  (except  between  merchants)  must  be  brought  within 
six  years ; — open  accounts  within  three  years. 

Attachment. — Suit  is  commenced  by  a  writ  of  summons. 
The  creditor  may  levy  an  original  attachment  on  lands,  goods, 
or  money  of  the  debtor,  either  actually,  or  by  summons  of 
garnishment  in  the  hands  of  another,  where  the  creditor 
swears  either  that  the  debtor  absconds  or  secretes  himself,  or 
resides  or  is  about  to  remove  his  property  out  of  the  state. 
The  creditor  is  required  to  give  a  bond,  in  double  the  amount 
of  the  debt,  to  prosecute  the  attachment  to  effect,  or  pay  the 
defendant  damages,  should  the  suit  be  proved  to  have  been 
wrongful  and  vexatious. 

Attachments  may  issue  though  both  plaintiff  and  defendant 
are  non-residents,  if  defendant  has  any  property  in  the  State. 

An  attachment  may  issue  though  the  debt  is  not  due. 


88      RECOVERY   OF   DEBTS  IN  MISSISSIPPI  to  LOUISIANA. 

Imprisonment  of  Debtor. — No  imprisonment  of  debtor  can 
take  place,  except  on  oath  of  the  creditor,  that  the  debtor  is 
«bout  to  abscond,  or  has  fraudulently  conveyed,  or  is  about 
to  convey  his  estate  and  effects,  which  he  fraudulently  with- 
holds. On  the  plaintiff  or  his  attorney  making  such  oath,  the 
debtor  may  be  arrested  and  held  to  bail. 

Insolvent  Law. — None  are  excepted  from  the  benefit  of  this 
Jaw.  Ten  days'  notice,  if  creditors  reside  in,  and  twenty  if 
out  of,  the  State,  is  given,  by  advertising  in  some  newspaper. 

MISSISSIFFI. 

All  actions  upon  account  must  be  brought  within  six  years, 
• — upon  store  accounts,  within  two  years. 
.  Attachments  may  issue  against  the  estate  of  a  debtor,  upon 
oath  of  the  creditor,  his  agent  or  attorney,  that  the  debtor  has 
removed,  is  removing  out  of  the  State,  or  privately  conceals 
himself  so  that  process  of  law  cannot  be  served,  of  the  amount 
of  the  debt,  and  the  grounds  of  belief,  whether  from  a 
knowledge  of  the  fact,  personally,  or  by  information. 

Before  granting  a  writ,  the  plaintiff  must  give  a  bond  to  pay 
all  costs  and  damages  that  defendant  may  recover  against  him. 

Redemption. — Land  can  be  redeemed  by  either  debtor  or 
creditor  within  two  years,  by  paying  the  purchase-money, 
with  ten  per  cent,  interest. 

Bail. — In  actions  fotinded  on  a  specialty,  bill,  or  note,  in 
writing,  signed  by  the  party  to  be  charged,  or  on  judgments 
of  foreign  or  domestic  courts,  bail  may  issue.  No  citizen  can, 
however,  be  held  to  bail,  unless  affidavit  is  made  that  defend- 
ant is  about  to  leave  the  State. 

When  suit  is  commenced  on  any  writing,  the  court  shall 
take  the  same  as  evidence  of  the  debt,  and  if  the  defendant 
wishes  to  deny  the  execution  of  such  writing,  he  must  do  so 
by  plea,  supported  by  affidavit. 

.  An  attachment  may  issue  before  the  debt  becomes  payable, 
where  creditor  believes  that  his  debtor  is  about  removing  with 
his  property  out  of  the  State,  or  has  removed,  leaving  effects, 
or  debts  in  the  hands  of  other  persons,  upon  his  making  oath 
as  to  the  amount  of  his  debt,  and  the  time  when  it  will  be- 
come payable. 

Homestead,  if  in  the  country  consists- of  160  acres  of  land, 
if  in  town  a  house  and  lot  valued  at  $  1500.  Besides  which 
the  usual  household  articles  are  exempted. 

Imprisonment  for  Debt,  on  mesne  and  final  process,  has 
been  abolished,  except  in  cases  of  fraud. 

LoxnsiAirA. 

No  action  can  be  sustained,  after  the  lapse  of  one  year,  to 
recover  fees  due  a  justice,  notary,  constable,  or  the  compen- 
sation of  a  schoolmaster,  or  an  instructor  in  the  sciences  who 


EECOVERY  OF  DEBTS   IN  TENNESSEE.  89 

teaches  by  the  month,  or  the  claims  of  innkeepers,  boarding- 
housekeepers,  retailers,  workmen,  laborers,  servants,  ship- 
owners for  freight,  officers,  sailors  for  wages,  to  commence 
from  the  termination  of  the  voyage,  and  claims  for  supplies 
and  materials  furnished  vessels. 

All  actions  upon  bills  of  exchange,  promissory  notes  paya- 
ble to  order  or  bearer,  and  all  choses  in  action  transferable 
by  indorsement,  must  be  commenced  within  five  years. 

Attachment. — There  is  no  attachment  upon  mesne  process, 
except  upon  the  oath  of  the  plaintiff,  either  that  the  defend- 
ant resides  out  of  the  State,  or  conceals  himself  to  avoid  cita- 
tion, or  that  he  is  concealing  or  disposing  of  his  property  to 
avoid  payment  of  the  debt.  Any  species  of  property  which 
can  be  seized,  can  be  taken  on  execution ,  except  such  articles  as 
are  exempted  by  law  for  the  use  of  the  debtor  and  his  family. 

The  property  of  the  debtor  is  pledged  to  his  creditors,  and 
the  proceeds  of  sale  must  be  divided  among  them  pro  rata, 
unless  there  exist  a  privilege  or  mortgage. 

Any  person  having  property  of  the  debtor  may  be  sum- 
moned as  a  garnishee. 

Attachment  may  issue  though  debt  is  not  due. 

Creditor  must  give  a  bond  to  satisfy  all  damages  defendant 
may  sustain,  if  judgment  should  be  rendered  in  his  favor. 

Respite. — This  is  an  act  by  which  a  debtor  who  is  unable 
to  satisfy  his  debts  at  the  moment,  transacts  with  his  credi- 
tors, and  obtains  from  them  time  or  delay  for  the  payment  of 
the  sums  which  he  owes  to  them.  It  is  voluntary,  where  all 
the  creditors  consent,  ox  forced,  when  a  part  of  the  creditors 
refuse  to  accept  the  debtor's  proposition,  and  the  debtor  com- 
pels them  by  judicial  authority  to  consent  to  what  the  others 
have  determined  in  the  cases  directed  by  law.  The  consent 
of  a  majority  in  number  of  the  creditors  is  binding  on  those 
who  do  not  agree.  Privileged  creditors,  and  those  who  have 
a  special  mortgage,  are  not  bound,  but  only  those  having  a 
general  mortgage.  The  time  allowed  to  a  debtor  in  enforced 
respite  cannot  exceed  three  years. 

Imprisonment  for  debt  is  abolished,  unless  the  plaintiff 
swears  that  the  debtor  has  absconded  from  another  State,  to 
avoid  payment  of  the  debt,  or  intends  leaving  the  State  be- 
fore judgment  can  be  had  against  him,  without  leaving  suffi- 
cient property  to  satisfy  the  demand. 

TENNESSEK 
Actions  are  barred  on  bills,  notes,  goods,  &e.,  if  not  enter- 
ed in  three  years ;  indorsers  upon  bills  or  notes  are  discharged 
unless  sued  in  three  years. 

A  creditor  or  executor  may,  by  his  own  oath,  prove   an 
account  for  merchandise  or  service  not  exceeding  seventy-five 
dollars,  which  has  not  been  due  over  two  years. 
TO  8* 


yO        RECOVERY  OF  DEBTS  IN  KENTUCKY. 

The  original  process  in  all  civil  actions  is  a  summons. 

Attachments  may  be  made  against  a  debtor's  real  and  per- 
sonal estate,  debts  and  choses  in  action,  (whether  due  or  not) 
where  creditor  makes  affidavit  that  the  debtor  has  absconded, 
conceals,  or  removes  himself,  or  is  about  to  remove  his  prop- 
erty beyond  the  limits  of   the  State. 

Creditor  must  give  bond  in  double  the  amount  of  hi.s  debt 
that  the  attachment  is  not  wrongfully  sued  out.  Sureties  and 
accommodation  indorsers  may  attach  their  principals,  who 
may  be  removing,  absconding,  or  carrying  off  their  property, 
whether  the  debt  for  which  they  are  liable  is  due  or  not. 
No  decree  to  be  made  until  the  debt  is  due. 

If  the  garnishee  debtor  does  not  appear  and  answer  at  the 
next  term,  after  service  of  notice,  a  conditional  judgment  for 
the  whole  debt  is  rendered  against  him,  to  be  made  absolute  at 
the  following  term,  unless  he  appear  and  put  in  his  answer. 

Creditors  residing  in  other  States  may  prove  their  accounts 
before  a  commissioner.  The  account  so  proved  is  taken  to 
be  true,  unless  denied  by  the  debtor,  on  oath,  in  which  case 
it  is  tried  by  a  jury  on  evidence. 

Imprisonment  for  debt  does  not  exist  in  this  State.  No 
process  against  the  body  can  be  had  at  law  for  a  civil  wrong. 

Lands  levied  on  and  sold,  may  be  redeemed  within  two 
years  after  the  sale  by  the  debtor,  on  paying  the  amount  bid 
and  ten  per  cent,  interest.  Judgment  creditor  may  also  re- 
d^m  by  paying  the  amount  bid,  and  interest  thereon  at  six 
per  cent.,  with  ten  per  cent,  in  addition  to  the  debtor. 

KENTTJCZY. 

Limitations. — Actions  brought  on  store  accounts,  for  goods, 
wares,  &c.,  sold  and  delivered,  must  be  commenced  in  one 
year  from  delivery  of  the  goods ;  and  a  further  time  of  one 
year  is  allowed,  in  case  of  the  death  of  the  creditor  or  debtor. 

Writ  of  Attachment  against  an  absconding  debtor,  may  is- 
sue upon  complaint  of  the  creditor  that  the  debtor  is  privately 
removing  out  of  the  county,  or  absconds,  or  conceals  himself, 
80  that  the  ordinary  process  of  law  cannot  be  served  upon  him. 
Property  in  the  hands  of  the  garnishee  may  also  be  attached. 
Bond  must  be  given  by  plaintiff  to  pay  all  costs  and  damages 
that  may  be  awarded  against  him,  by  reason  of  the  attachment. 

An  attachment  may  issue  through  debt  is  not<due. 

Exemptions. — One  working  beast,  or  yoke  of  oxen  ;  one 
work-horse  ;  one  plough  ;  one  axe ;  one  hoe  ;  wearing  appar- 
el ;  one  loom,  spinning  wheel  and  cards ;  yarn,  cloth,  and 
carpeting  manufactured  by  the  family  ;  the  necessary  house- 
hold furniture  for  family;  one  cooking  stove;  ten  sheep; 
provisions  for  family  for  one  year ;  one  saddle  and  bridle, 
(ke. ;  and  the  family  bible. 


EECOVERY   OF   DEBTS   IN    OHIO.  91 

Arrest  of  Debtor. — No  person  can  be  arrested  for  debt  or 
held  to  bail,  unless  the  plaintifTfile  an  affidavit  with  the  clerk 
of  the  court,  stating  that  he  believes  the  defendant  will  leave 
the  state,  or  move  his  property  out  of  the  same,  before  judg- 
ment can  be  executed,  or  abscond. 

Real  estate,  taken  on  execution,  unless  it  brings  two-thirds 
of  its  value,  can  be  redeemed  by  the  debtor  at  anytime  within 
one  year  from  the  sale,  on  payment  of  the  purchase  money, 
and  ten  per  cent,  interest. 

Insolvent  Law. — Debtor's  person  is  released  on  the  deliv- 
ery of  a  schedule  of  his  property,  and  his  taking  the  insol- 
vent's oath.     Jail  limits  are  co-extensive  with  the  State. 

OHIO 

(Selected,  principally,  from  the  Code  of  Civil  Procedure,  1853.) 

A  civil  action  must  be  commenced  by  filing  a  petition  in 
the  office  of  the  Clerk  of  the  Court,  and  causing  a  summons 
to  be  issued. 

Action  upon  contracts  not  in  writing,  must  be  brought 
within  six  years  ;  upon  specialty  contracts,  or  promises  in 
writing,  within  fifteen  years. 

Attachments. — Creditor,  or  his  agent  or  attorney,  must 
make  affidavit  of  the  nature  of  the  claim,  that  it  is  just,  and 
the  amount  which  the  affiant  believes  plaintiflT  ought  to  re- 
cover ;  and  that  the  defendant,  or  one  of  several  defendants, 
is  a  foreign  corporation,  or  a  non-resident ;  or  has  absconded 
with  intent  to  defraud  his  creditors ;  or  has  left  the  county 
of  his  residence  ;  or  conceals  himself  to  avoid  the  service  of 
a  summons ;  or  is  about  to  remove  his  property,  or  a  part, 
out  of  the  jurisdiction  of  the  court,  with  intent  to  defraud 
his  creditors  ;  or  is  about  to  convert  his  property,  or  part 
thereof,  into  money,  for  the  purpose  of  placing  it  beyond  the 
reach  of  his  creditors  ;  or  has  property,  or  rights  in  action, 
which  he  conceals ;  or  has  assigned,  removed,  disposed 
of,  or  is  about  to  dispose  of,  his  property,  or  part  thereof, 
with  intent  to  defraud  his  creditors ;  or  fraudulently  contracted 
the  debt.  But  no  attachment  shall  be  granted  on  the  ground 
that  the  debtor  is  a  foreign  corporation  or  a  non-resident, 
other  than  upon  a  debt  or  demand  arising  upon  contract, 
judgment,  or  decree. 

Plaintiff  must  give  sureties,  not  exceeding  double  the 
amount  of  his  claim,  that  he  will  pay  the  defendant  all 
damages  he  may  sustain  by  reason  of  the  attachment,  if  the 
order  be  wrongfully  obtained. 

Defendant  may  discharge   attachment  any  time    before 

judgment,  by  giving  sureties  in  double  the  amount  of  plain- 

liflTs  claim,  that  he  will  perform  the  judgment  of  the  court. 

The  court,  or  any  judge,  may,  on  application  of  the  plain- 


92  RECX)VERY   OF   DEBTS   IN   OHIO. 

tiff,  and  on  good  cause,  appoint  a  receiver,  who  shall  take  in- 
to his  possession  all  notes,  due  bills  &c. ,  that  have  been 
taken  by  the  sheriffor  other  officer,  as  the  property  of  defend- 
ant. Property  of  a  perishable  character  &c.,  may  be  sold 
by  order  of  court,  during  the  pendency  of  the  suit.  Garni- 
shees must  appear  and  make  disclosures,  or  may  pay  money 
&c.,  to  sheriff,  or  into  court. 

Arrest. — A  defendant  can  be  arrested  before  and  after 
judgment,  when  the  plaintiff,  his  agent  or  attorney,  shall 
have  made  affidavit  of  the  nature  of  the  claim,  that  it  is  just, 
and  the  amount  thereof,  as  nearly  as  may  be,  and  establishing 
one  or  more  of  the  following  particulars :  1st — That  the 
defendant  has  removed,  or  begun  to  remove  his  property  out 
of  the  jurisdiction  of  the  court,  with  intent  to  defraud  his 
creditors :  2nd — That  he  has  begun  to  convert  his  property, 
or  a  part  thereof,  into  money,  for  the  purpose  of  placing  it 
beyond  the  reach  of  his  creditors  :  3d — That  he  has  property, 
&c.,  which  he  fraudulently  conceals :  4th — That  he  has  as- 
signed, removed,  or  disposed  of,  or  has  begun  to  dispose  of  his 
property,  with  intent  to  defraud  his  creditors  :  and  5th — That 
he  fraudulently  contracted  the  debt.  The  affidavit  must  also 
contain  a  statement  of  the  facts  claimed,  to  justify  the  belief 
in  the  existence  of  one  or  more  of  the  above  particulars. 

Plaintiff  must  give  sureties  in  double  the  amount  of  his 
claim,  to  pay  defendant  all  damages  he  may  sustain  by  reason 
of  the  arrest,  if  the  order  be  wrongfully  obtained. 

Debtor  may  be  held  to  bail  in  double  the  amount  of  claim, 
or  committed  to  jail. 

The  debtor,  if  under  arrest,  may  take  the  jail  limits,  or  he 
may  release  himself  entirely,  by  complying  with  the  provi- 
sions of  the  insolvent  debtor  act. 

When  actions  are  barred  by  lapse  of  time  in  another  State, 
between  non-residents,  no  action  can  be  maintained  thereon 
in  this  State. 

Debtor  may  have  stay  of  execution  on  five  dollars,  60  days; 
not  exceeding  twenty,  90  days  ;  not  exceeding  fifty  dollars, 
150  days  ;  over  fifty  dollars,  240  days. 

If  the  plaintiff  appeal  from  the  justices  court,  and  shall  not 
recover  a  larger  sum  than  twenty  dollars,  exclusive  of  inter- 
est, since  the  rendition  of  judgment,  he  shall  be  adjudged 
to  pay  the  costs  in  the  court  of  Common  Pleas,  including  a 
fee  of  five  dollars  to  defendant's  attorney  ;  and  if  the  defend- 
ant appeal  and  do  not  recover  $  20,  he  shall,  in  like  manner, 
pay  all  costs,  including  a  like  fee. 

Plaintiff,  if  a  non-resident  in  the  county  in  which  the  action 
is  to  be  brought,  must,  before  commencing  an  action,  furnish 
a  surety  for  costs. 

Exemption. — The  earnings  of  judgment  debtor  for  per- 


RECOVERY   OF   DEBTS   IN  INDIANA.  93 

sonal  services  at  any  time  within  three  months  next  preced- 
ing the  order  of  judge,  cannot  be  talten,  when  by  debtor's 
affidavit,  or  otherwise,  such  earnings  are  necessary  for 
the  use  of  a  family  supported  wholly,  or  partly  by  his  labor. 
Exemptions. — Homestead  of  the  value  of  $500.  A  per- 
son not  the  owner  of  a  homestead,  if  the  head  of  a  family, 
can  hold,  exempt  from  execution,  mechanical  tools,  or  a  team, 
or  farming  utensils,  not  exceeding  $  300,  in  addition  to  the 
chattel  property  now  by  law  exempted,  which  is  as  follows: 
wearing  apparel,  beds,  bedsteads,  and  bedding  ol  family ; 
stove;  fuel  lor  sixty  days;  one  cow,  but  if  debtor  own  none, 
then,  household  furniture,  of  the  value  of  $1500;  two 
swine,  or  the  pork,  or,  furniture  of  the  value  of  $600  ;  six 
sheep,  and  food  for  \X\em  for  sixty  days,  or,  the  wool  and 
cloth,  or,  in  lieu  thereot,  furniture  not  exceeding  $10  00; 
the  bibles,  hymn  books,  school  books,  and  family  pic- 
tures ;  provisions,  designed  for  the  family,  amounting  to 
$  40  00  ;  and  other  articles  of  furniture  for  family  not  exceed- 
ing $30  00;  the  tools  and  implements  of  debtor,  whether 
mechanical  or  agricultural,  not  exceeding  $  50  00.  The 
above  articles  to  be  selected  by  debtor,  and  the  amount  to  be 
determined  by  two  disinterested  householders,  selected  by 
the  officer. 

INDIANA. 

Actions  on  accounts  and  contracts  not  in  writing,  and  rents, 
must  be  brought  within  six  years  ;  and  upon  contracts  in 
writing,  judgments,  and  recovery  of  real  estate  twenty  years 

Attachment. — The  property,  real  and  personal,  of  any  citi- 
zen of  this  State,  (except  what  is  exempted  by  law,  not  ex- 
ceeding in  value  one  hundred  and  twenty-five  dollars,)  may 
be  attached  whenever  his  creditor  makes  oath  before  a  clerk 
of  the  circuit  court,  or  justice  of  the  peace,  that  the  debtor 
conceals  himself  to  avoid  the  service  of  process,  or  is  se- 
cretly leaving,  or  has  left,  the  State,  with  intent  to  defraud 
his  creditors.  If  the  debtor's  family  remain  in  the  county, 
and  explain  the  cause  of  his  absence,  no  writ  can  issue  unless 
his  absence  has  exceeded  one  year,  or  unless  the  debtor  be 
secretly  removing  his  property  to  avoid  the  payment  of  his 
debts.  Before  the  writ  issues,  the  creditor  must  file  a  bond, 
conditioned  to  prosecute  his  suit,  and  pay  all  damages  that 
defendant  may  sustain  if  his  proceedings  shall  prove  wrong- 
ful and  oppressive. 

Each  writ  of  attachment  binds  the  goods  and  chattels  from 
the  time  of  its  delivery  to  the  officer.  The  execution  under 
the  first  levy  constitutes  a  lien  upon  the  land. 

Other  creditors,  on  oath,  are  permitted  to  prove  their  claims, 
and  are  paid  in  proportion  to  the  amount  of  the  same. 

Any  person  holding  property  of  the  debtor,  may,  on  oath 


94  RECOVERY   OF  DEBTS   IN   ILLINOIS. 

of  the  creditor,  be  compelled  to  appear  and  answer  all  ques- 
tions put  to  him  in  relation  to  it. 

Arrest  of  Debtor.  —  The  debtor  may  be  arrested  on  the 
creditor's  filing  an  affidavit  of  his  right  to  secure  debt  or 
damages,  and  that  he  believes  debtor  intends  defrauding  him 
by  leaving  the  State,  or  concealing  his  effects.  If  bail  is  not 
given,  debtor  is  committed  to  prison.  Debtor  may,  howev- 
er, procure  his  discharge,  by  surrendering  his  property  and 
taking  the  oath  of  insolvency.  Property  afterwards  acquired 
is  held  liable. 

The  debtor  may,  by  giving  bail,  procure  a  stay  of  execu- 
tion on  sums  from  six  dollars,  to  any  amount,  and  varying 
from  thirty  to  one  hundred  and  eighty  days. 

All  property  taken  on  execution  must  be  appraised,  and 
sold  for  its  fair  value.  Lands  sold  on  execution  cannot  be 
redeemed. 

ILLINOIS. 

Actions  upon  contracts  must  be  brought  within  five  years. 

Attachment. — A  creditor,  or  his  agent,  may  obtain  a  writ 
of  attachment,  by  making  complaint  on  oath  or  affirmation  to 
the  clerk  of  the  circuit  court,  that  the  debtor  is  indebted  to 
him  in  a  sum  exceeding  twenty  dollars,  and  that  he  believes 
that  it  is  his  intention  to  depart  from,  or  that  he  has  depart- 
ed from  the  State,  or  avoids  the  process  of  service  by  con- 
cealing or  removing  his  property,  or  that  he  is  a  non-resident 
of  the  State.  The  creditor,  before  the  attachment  issues, 
must  execute  a  bond  to  prosecute  the  suit  and  pay  all  dam- 
ages, should  it  be  decided  against  him. 

When  attachment  is  served  on  garnishee,  notice  of  the 
pendency  of  the  suit,  must  be  given  by  advertising  in  some 
newspaper  four  weeks  successively,  and  if  the  debtor  does  not 
appear  to  satisfy  the  demand,  the  officer  will  proceed  fo  sell 
the  property. 

Exemptions. — Beds,  bedsteads,  bedding  and  cooking  uten- 
sils ;  household  furniture  of  the  value  of  f  1.5 ;  spinning 
wheels,  cards,  stove ;  cow  and  calf;  two  sheep,  with  the 
fleeces  of  two  sheep  for  each  member  of  the  family  ;  sixty 
dollars  worth  of  property  ;  fuel  and  provisions  for  three 
months ;  lot  often  acres  for  a  burying  ground,  and  recorded 
as  such.  Upon  the  death  or  desertion  of  the  head  of  the 
family,  the  family  shall  be  entitled  to  the  like  exemption. 

In  addition  to  the  above  a  Homestead,  consisting  of  a  lot  of 
ground  and  the  buildings  thereon,  occupied  as  a  residence  and 
owned  by  the  debtor,  being  a  householder  and  having  a  fam- 
ily, to  the  value  of  $  1000. — In  its  general  features  this  law 
resembles  the  New  York  Homestead  Law — (see  p.  80  ) 

A  plaintiff  residing  abroad  may  make  affidavit  before  a 
ommissioner  of  the  State,  or  notary  public,  of  the  sum  due, 


RECOVERY   OF   DEBTS    IN   MISSOURI.  9S 

and  that  the  same  will  be  in  danger  of  being  lost,  or  that  the 
benefit  of  whatever  judgment  may  be  obtained  will  be  in 
danger,  unless  defendant  be  held  to  bail. 

Imprisonment  for  deht  is  abolished,  except  where  the  debtor 
refuses  to  deliver  up  his  propetty,  or  there  is  strong  presump- 
tion of  fraud.  The  debtor,  on  delivering  up  all  his  property, 
may  take  the  benefit  of  the  act  of  insolvency. 

Redemption. — Lands  sold  upon  execution  can  be  redeemed 
by  the  debtor  in  twelve  months  after  sale,  by  paying  the  pur- 
chase money  and  ten  per  cent,  interest,  and  before  the  expi- 
ration of  fifteen  months,  any  judgment  creditor  may  redeem 
on  the  same  terms. 

MISSOTJBI. 

Limitations. — All  actions  for  goods,  wares  and  merchan- 
dise, and  for  store  accounts,  must  be  brought  within  two  years ; 
and  actions  upon  account  within  five  years. 

Attachment. — The  ordinary  process  by  which  suits  are  com- 
menced is  a  summons.  An  attachment  may  be  obtained  against 
the  property  of  the  debtor,  whether  the  debt  be  due  or  not  due, 
in  the  following  cases  : — Where  the  debtor  is  not  a  resident 
of,  nor  residing  in  the  Slate  ;  or  conceals  himself,  has  ab- 
sconded, or  absented  himself  from  his  usual  place  of  abode, 
80  that  process  of  law  cannot  be  served  on  him  ;  or  where  he 
is  about  to  remove  his  property  and  effects  out  of  the  State , 
80  as  to  defraud  and  delay  his  creditors  ;  or  has  conveyed, 
assigned,  concealed,  or  disposed  of  his  property  ;  or  is  about 
to  convey,  assign,  conceal,  or  dispose  of  his  property,  so  as 
to  hinder  and  delay  his  creditors  ;  or  where  the  debt  was  con 
tracted  out  of  the  State,  and  the  debtor  has  absconded,  or 
secretly  removed  his  property  into  this  State,  with  intent  to 
defraud,  delay,  or  hinder  his  creditors.  A  creditor,  to  obtain 
an  attachment,  must,  by  an  affidavit  made  by  himself,  or  his 
agent,  state  that  the  defendant  is  justly  indebted  to  him,  after 

allowing  all  just  credits  and  off-sets,  in  the  sum  of  $ 

and  on  what  account,  and  that  he  has  good  reason  to  believe 
the  existence  of  one  or  more  of  the  causes  above  stated. 
Bond  must  be  given  by  the  plaintiff  to  prosecute  his  cause 
without  delay,  and  pay  all  damages  should  defendant  re- 
cover. Where  the  debt  is  not  due  at  the  time  of  attachment 
the  plaintiff  cannot  have  judgment  until  it  becomes  due. 

If  sufficient  property  cannot  be  found  to  satisfy  execution, 
the  garnishee  may  be  summoned  to  answer.  No  execution 
can  be  awarded  against  the  garnishee,  until  the  debt  has  be- 
come due. 

An  affidavit  before  a  judicial  officer  of  another  State  author- 
ized to  administer  oaths,  is  good  in  this  State  for  the  pur- 
pose o  granting  an  attachment.  It  must  state  *'  that  the  de- 
fenda      is  justly  indebted  to  the  plaintiff,  after  allowing  all 


90  RECOVERY   OF   DEBTS    IN   MICHIGAN. 

set-offs,  in  the  sum  of  $ ,  and  on  what  account  the  same 

.accrued,  and  also  that  the  afhant  has  good  reason  to  believe, 
and  does  believe  the  existence  of  one  or  more  of  the  causes 
which  authorize  a  suit  by  attachment." 

Either  party  may,  on  motion,  procure  an  order  to  examine 
the  adverse  party. 

Imprisonment  for  debt  is  abolished,  except  in  cases  of  fraud. 

MICHIGAN. 

Actions  of  account,  and  upon  the  case,  except  such  as  oc- 
cur between  merchant  and  merchant,  must  be  brought  within 
six  years. 

Attachment. — A  creditor,  on  making  oath,  that  he  believes 
his  debtor  has  absconded,  or  is  a  non-resident,  and  has  not 
resided  in  the  State  for  three  months,  or  has  concealed  him- 
self, or  is  about  to  convey  or  remove  any  of  his  property, 
with  intent  to  defraud  his  creditors,  may  obtain  a  writ  of  at- 
tachment in  the  circuit  or  county  courts,  where  the  debt,  over 
and  above  all  legal  set-ofFs,  amounts  to  one  hundred  dollars. 
If  there  has  been  no  personal  service,  but  property  has  been 
attached,  notice  of  such  attachment  must  be  published  in  the 
county  for  six  successive  weeks.  A  person  holding  goods  or 
credits  of  the  debtor  may  be  summoned  as  garnishee,  and 
if  he  do  not  appear,  or  there  is  cause  to  fear  that  he  may 
abscond,  the  court,  may  issue  a  warrant  for  his  arrest. 

Where  the  plaintiff  is  a  non-resident  of  the  State,  the  writ 
must  be  indorsed  by  some  respectable  inhabitant  of  the  State. 

The  value  of  property  exempted  from  execution  amounts 
to  $500,  consisting  of  spinning  wheels,  weaving  looms, 
stoves,  pew,  cemeteries,  fire  arms;  $150  in  books,  and  all 
family  pictures.  To  householders  ten  sheep,  two  cows,  five 
swine  ;  provisions  for  six  months  ;  $250  m  furniture  ;  hay, 
grain,  &c.,  for  six  months.  Tools,  stock,  teams,  &c.,  ne- 
cessary for  his  trade  or  profession  ;  besides  the  homestea\t. 

Homestead. — Forty  acres  of  land,  and  the  dwelling-house 
thereon,  to  be  selected  by  the  owner,  or  a  town  lot  and  dwell- 
ing-house, owned  and  occupied  by  any  resident  of  the  State, 
and  notexceedmg  fifteen  hundred  dollars  in  value, 

Arrest  of  Debtor. — No  person  can  be  arrested  or  impris- 
oned for  debt,  unless  the  creditor  establishes,  on  oath,  the 
amount  and  nature  of  the  debt,  and  that  the  debtor  is  about 
to  remove  his  property  beyond  the  jurisdiction  of  the  court, 
that  he  has  property  which  he  refuses  to  apply  to  the  pay- 
ment of  the  debt,  that  he  has  assigned,  removed,  or  is  about 
to  dispose  of  the  same,  with  intent  to  defraud  his  creditors. 
The  creditor  can  then  obtain  a  warrant  for  the  arrest  of  the 
debtor,  but  must  give  security  for  the  costs  in  the  proceedings. 

Debtor  may  have  stay  of  execution,  on  $25  for  ninety 


RECOVERY   OF   DEBTS   IN  ARKANSAS.  97 

days  ;  $50  for  six  monlhs  ;  and  when  the  damages  exceed 
$50  ten  months. 

Mortgages  may  be  foreclosed  either  in  chancery  or  in 
county  courts,  or  by  advertisement,  and  can  be  sold  at  any 
time  without  redemption  within  one  year ;  if  sold  by  order  of 
court  or  advertisement  they  may  be  redeemed  within  one 
year.  Real  estate  sold  on  execution  can  be  redeemed  within 
the  same  time. 

Insolvent  Law. — Any  inhabitant  of  this  State  can  petition 
for  the  benefit  of  this  act,  by  an  assignment  and  delivery  of 
all  his  property  to  his  assignees,  to  be  equitably  distributed 
among  all  his  creditors. 

ABKANSAS. 

Attachment. — Every  person  having  a  real,  subsisting  debt 
or  demand  against  another,  in  the  nature  of  contract,  not 
exceeding  one  hundred  dollars,  can  obtain  a  writ  of  attach- 
ment, on  making  and  filing,  before  any  justice  of  the  peace, 
an  affidavit,  that  the  debtor  is  about  to  remove  himself,  or  his 
effects,  out  of  the  state,  or  conceals  himself  so  that  the  or- 
dinary process  of  law  cannot  be  served  on  him,  or  is  a  non- 
resident of  the  state. 

The  service  of  the  writ  on  the  garnishee  shall  be  by  read- 
ing the  writ  to  him,  or  delivering  him  a  copy  at  his  residence. 

Plaintiff  shall  enter  into  bond  to  the  defendant,  conditioned, 
that  if  he  disprove  or  avoid  the  debt,  he  will  respond  to  such 
damages  as  shall  be  awarded  against  him. 

The  \irit  first  levied  shall  be  first  paid  according  to  priority. 

'I'here  are  similar  provisions  for  attachment  before  the 
Circuit  Courts,  when  the  debt  is  over  one  hundred  dollars. 
The  affidavit  can  be  taken  before  any  judge  or  justice  of  the 
peace  in  the  state.     Bond  to  the  defendant  must  also  be  filed. 

Imprisonment  for  Debt. — No  person  can  be  imprisoned  on 
mesne  or  final  process,  issuing  from  any  court,  or  officer,  except 
where  fraud  is  alleged  by  the  plaintiff,  and  supported  by  his 
affidavit,  and  the  affidavit  of  some  disinterested  person. 

Property  exempted  from  execution,  consists  of  wearing  ap- 
parel, tools  and  implements  of  trade  of  a  mechanic;  and, 
when  owned  by  a  married  man,  the  wearing  apparel,  and 
such  necessary  beds,  bedding,  and  household  furniture,  as 
may  be  necessary  for  the  family  ;  one  horse,  one  cow  and 
calf,  farming  tools,  &c.,  if  the  person  is  a  farmer. 

Interests  in  land,  goods  and  chattels,  slaves,  rights  and  shares 
in  an  incorporated  company,  bills  or  evidences  of  debt  issued 
by  any  moneyed  corporation,  may  be  taken  and  sold,  after  no- 
lice  has  been  given  by  advertisement,  for  at  least  twenty  days. 

TO  9 


98     RECOVERY   OF   DEBTS   IN    DISTRICT  OF  C.  ic.  FLORIDA. 

OISTBICT  OF  COLUMBIA. 

The  laws  of  Maryland,  as  they  existed  in  1801,  continue 
in  force  in  the  District,  unless  where  modified  or  repealed  by 
Acts  of  Congress. 

No  person  can  be  held  to  bail  in  any  civil  suit,  unless  an 
affidavit,  filed  by  the  plaintiff,  or  his  agent,  stating  the  amount 
he  believes  to  be  due,  and  that  the  debt  was  contracted  by 
fraud  or  false  pretences,  or  that  the  defendant  is  concealing 
or  has  concealed  his  property,  in  the  District  or  elsewhere, 
oris  about  to  remove  the  same,  or  his  residence,  or  abscond 
in  order  to  evade  the  payment  of  his  debt. 

Imprisonment  for  Debt. — No  person  can  be  held  to  bail,  or 
imprisoned,  in  any  civil  action,  where  the  debt,  exclusive  ol 
interest  and  costs,  is  less  than  fifty  dollars,  or  where  he  has 
been  held  to  bail,  or  where  the  plaintiff,  after  judgmeni  has 
been  rendered  in  his  favor,  shall  make  oath  that  the  defendant 
has  conveyed  away,  or  otherwise  disposed  of,  or  has  or  is 
about  to  remove,  his  property,  with  intent  to  hinder  or  delay 
the  recovery  or  payment  «)f  his  debts. 

Insolvent  Law. — A  debtor  in  prison  may  petition  for  re- 
lief, and  on  surrendering  his  poperly,  under  oath,  to  his  cred- 
itors, may  take  the  benefit  of  the  act,  if  he  shall  not  be  found 
guilty  of  deceit,  or  fraud,  or  lost  within  one  year  $300  by 
gaming,  or  within  the  same  time,  assigned  or  conveyed  any 
of  his  property  with  intent  to  give  a  preference. 

nosiOA. 

An  action  is  commenced  in  this  State  by  suing  out  process, 
either  against  the  person  or  estate  of  defendant. 

If  process  is  commenced  against  the  person  of  the  defend- 
ant, this  is  done  by  delivering  to  the  clerk  of  the  court,  in 
which  the  suit  is  to  be  commenced,  a  memorandum  contain- 
ing all  the  facts  necessary  to  make  out  a  writ  and  declaration 
at  common  law. 

In  some  cases,  where  the  oaths  of  two  respectable  persons' 
are  made  that  they  have  good  reason  to  believe  that  the  de- 
fendant intends  withdrawing  or  concealing  himself,  a  valid 
service  may  be  made  on  Sunday. 

All  debts  or  demands  mutually  existing  between  the  par- 
ties at  the  commencement  of  the  action,  whether  the  same  be 
liquidated  or  not,  are  made  pioper  subjects  of  set-off. 

The  body  of  a  defendant  cannot  be  taken  for  payment  of 
money,  except  it  be  for  fines  imposed  by  lawful  authority. 

The  apparel,  bedding,  and  kitchen  furniture  of  every  fam- 
ily are  exempt  from  execution,  attachment,  and  distress. 

The  property  of  every  actual  housekeeper  is  made  exempt 
to  the  extent  of  one  hundred  dollars. 

A  writ  of  attachment  is  not  allowed  in  this  State  except  on 


RECOVERY   OF   DEBTS   IN   WISCONSIN.  99 

affidavit  of  party  applying  therefor  that  the  debt  or  demand 
is  actually  due,  and  that  the  defendant  is  or  intends  removing 
or  absconding,  or  fraudulently  disposing  of  his  property  ;  and 
the  plaintiff  is  obliged  to  give  bond,  with  good  and  sufficient 
sureties,  that  he  will  pay  all  damages  sustained  by  the  defend- 
ant, if  said  writ  of  attachment  has  been  improperly  sued  out. 

A  writ  of  attachment  may  be  sued  out  on  affidavit,  when 
the  debt  will  become  due  within  nine  months  from  the  time  of 
application  for  said  writ,  the  plaintiff  giving  bond,  as  in  or- 
dinary cases. 

On  proper  affidavit,  a  writ  may  issue  at  any  stage  of  the  suit. 

The  process  of  garnishment  cannot  be  resorted  to  in  this 
State  until  after  judgment  rendered — but  no  summons  will 
be  issued  until  the  plaintiff  or  his  agent  has  made  affidavit 
that  he  does  not  believe  that  the  defendant  has  sufficient  avail- 
able property  to  satisfy  the  judgment  against  him. 

WISCONSIN. 

Attachment  may  issue  from  the  county  and  circuit  courts, 
when  the. debt  exceeds  one  hundred  dollars,  against  the  prop- 
erty of  the  debtor,  if  the  plaintiff  shall  make  affidavit  that  the 
defendant  is  justly  indebted  to  him,  the  amount  of  the  debt 
over  and  above  all  set-offs,  and  that  he  has  absconded,  or 
is  about  to  abscond,  or  is  concealed,  or  has  assigned,  dis- 
posed of,  or  concealed,  or  is  about  to  conceal  his  property, 
or  has  removed,  or  is  about  to  remove  his  property,  with  intent 
to  defraud  his  creditors,  or  fraudulently  contracted  the  debt, 
or  is  not  a  resident  of  the  state,  or  is  a  foreign  corporation. 

In  justices'  courts,  under  similar  circumstances,  an  attach- 
ment may  issue,  when  the  amount  due,  as  stated  in  the  affi- 
davit, exceeds  five  dollars,  and  not  more  than  fifly.  Property 
attached  is  to  be  appraised  by  two  disinterested  freeholders. 

Execution  can  be  levied  against  personal  property,  gold 
and  silver  coin,  bank  bills,  or  other  evidences  of  debt  issued 
and  circulated  as  money. 

Jinprisoniiient  for  Debt. — The  Constitution  abolishes  im- 
prisonment for  debt,  arising  out  of,  or  founded  on  a  contract. 

Insolvent  Law. — A  debtor,  on  making  affidavit  that  he  has 
"  not  disposed  of,  or  made  over  any  part  of  his  property  for 
his  future  benefit,  or  to  defraud  his  creditors,  and  that  he  has 
not  acknowledged  a  debt  for  a  greater  sum  than  he  honestly 
owes,  nor  paid,  nor  compounded  with  any  of  his  creditors," 
is  discharged  from  his  debts.  All  the  creditors,  who  think 
fit  to  become  parties  to  the  conveyance,  share  alike  in  propor- 
tion to  their  respective  claims. 

Exemption. — Family  bible,  pictures,  school  books  or  libra- 
ry, pew  in  church,  rights  of  burial,  apparel  of  debtor  and 
family,  beds  and  bedding,  stoves,  and  household  furniture  not 


100     RECOVERY  OF  DEBTS  IN  IOWA  &  TEXAS. 

exceeding  $  200 ;  two  cows,  one  yoke  of  oxen,  and  a  horse ; 
or  instead  of  them,  a  span  of  horses ;  ten  sheep  and  the  wool, 
food  for  the  stock  one  year ;  one  wagon,  cart,  or  dray ;  one 
sleigh,  one  plough,  one  drag  ;  and  other  farming  utensils  not 
exceeding  $50  ;  provisions  and  fuel  for  family  for  one  year  ; 
the  tools  of  a  mechanic  not  exceeding  $200  ;  library  of  pro- 
fessional man  not  exceeding  $  200. 

Homestead. — Forty  acres  of  land,  used  for  agricultural 
purposes,  with  the  dwelling-house  ;  or  town  lot,  not  exceed- 
ing in  value  $  1000,  with  dwelling-house  thereon. 

Redemption. — The  debtor  may  redeem  real  estate  in  two 
years,  on  paying  the  amount  bid,  and  ten  per  cent.  Judgment 
debtor  may  redeem  land  within  two  years,  on  paying  the 
amount  bid,  and  seven  per  cent.  Any  of  his  creditors  may 
do  the  same  within  three  months  next  ensuing. 

IOWA. 

Attachment. — An  attachment  may  issue,  upon  affidavit  be- 
ing made  by  plaintiff  that  the  debtor  is  a  non-resident  of  the 
State,  or  that  he  is  about  to  remove,  or  dispose  of  his  prop- 
erty, or  that  he  has  absconded,  or  is  about  to  abscond,  or 
that  he  has  property  not  exempt  from  execution,  which  he 
refuses  to  give  in  payment  of  the  debt,  or  as  security.  Cred- 
itor must  eive  a  bond  to  respond  to  damages,  if  suit  is  decided 
against  him. 

Exemptions. — Wearing  apparel  with  trunks  ;  musket  or 
rifle  ;  tools,  instruments,  and  books  used  in  the  business  or 
prof'jssion  ;  liorse  and  wagon  used  by  a  professional  person ; 
libraries,  family  bibles,  portraits  and  paintings ;  a  pew,  and 
burying  ground,  If  the  debtor  be  the  head  ofa  family,  there 
is  a  further  exemption  of  a  cow  and  calf,  horse,  fifty  sheep, 
and  the  wool,  five  hogs  and  the  pigs,  and  food  for  sixty  days  ; 
flax,  100  yards  of  cloth  ;  furniture  not  exceeding  $  100 ;  bed 
and  bedding  for  every  two  in  the  family,  and  provisions  and 
fuel  for  six  months  ;  and  the  earnings  of  the  debtor  within  90 
days  next  preceding  the  levy. 

Homestead. — If  within  a  town  half  an  acre  with  dwelling- 
house.  If  not,  it  is  limited  to  forty  acres ;  but  its  value  must 
not  exceed  $  500 

Imprisonment  for  Debt. — The  Constitution  does  not  allow  of 
imprisonment  for  debt  in  any  civil  action  on  mesne  or  final 
process,  unless  in  case  of  fraud. 

TEXAS. 

Attachment. — An  attachment  may  issue,  upon  affidavit  be- 
ing made  by  plaintiff,  or  his  agent  or  attorney,  of  the  amount 
of  the  debt,  and  that  his  debtor  is  not  a  resident  of  the  state, 
or  that  he  is  about  to  remove  himself  or  his  property  out  of 
the  state,  so  that  process  of  law  cannot  be  served  on  him, 


KECOVERY  OP   DEBTS   IN   CALIFORNIA.  101 

and  plaintiff  probably  lose  his  debt.  The  attachment  may 
be  made  even  if  the  debt  is  not  due.  Improved  lands  are  not 
to  be  taken,  unless  the  personal  property  and  unimproved 
lands  prove  insufficient  to  satisfy  the  demand.  Defendant 
may  retain  possession  of  slaves,  and  other  personal  property, 
by  giving  bond,  conditioned  for  their  forthcoming  on  the  day 
of  sale. 

Homestead  exempted  from  execution  consists  of  fifty  acres 
of  land  in  the  country,  or  land  and  house  in  town,  city,  or 
village  of  the  value  of  $  500.  Articles  of  household  neces- 
sity, not  exceedmg  $200;  implements  of  husbandry,  $50; 
tools,  books,  one  year's  provision,  &c.,  are  also  exempted. 

Imprisonment  for  debt  is  not  allowed ,  except  in  cases  of 
fraud,  avoidance,  or  concealment. 

Personal  actions  are  limited  to  two  years.  Actions  of  debt 
on  contract,  in  writing,  to  four  years. 

CALIFOBNIA. 

Attachment. — A  writ  of  attachment  may  be  sued  out 
against  the  property  of  the  debtor,  upon  affidavit  being  made 
by  the  creditor,  his  agent,  or  attorney,  that  the  debtor  is  in- 
debted to  plaintiff  in  the  sum  of  two  hundred  dollars,  or 
more,  stating  the  amount,  above  all  legal  set-offs,  and  that 
he  has  reason  to  believe  that  he  has  absconded,  or  intends 
to  abscond  from  the  state,  or  is  concealed  ;  or  has  removed, 
«r  is  about  to  remove  his  property,  or  has  conveyed,  assign- 
ed, or  disposed  of,  or  is  about  fraudulently  to  convey  or  con- 
ceal the  same,  to  the  injury  of,  and  with  intent  to  defraud 
his  creditors.  Bond  is  required  of  the  plaintiff,  to  pay  all 
damages,  if  suit  be  decided  against  him.  •  Attachment  may 
issue,  on  affidavit  of  plaintiff,  though  debt  is  not  due.  In  the 
matter  of  attachment,  the  demand  must  grow  out  of  a  Cali- 
fornia contract,  though  the  debtor  or  creditor  be  a  citizen  or 
foreigner. 

Arrest  of  Debtor. — The  Constitution  provides  that  no  per- 
son shall  be  imprisoned  for  debt,  in  any  civil  action  on  mesne 
or  final  process,  unless  in  case  of  fraud. 

Homestead.  —  Land  with  dwelling-house,  not  exceeding 
$  5000  to  be  selected  by  the  debtor  ;  and  also  personal  prop- 
erty. If  the  head  of  the  family  die,  the  same  benefits  accrue 
to  wife  and  children. 

Real  estate  sold  on  execution,  can  be  redeemed  in  six 
months  after  sale,  by  paying  the  amount  for  which  it  was 
sold,  with  eighteen  per  cent,  interest  on  the  amount. 

When  debtor  is  arrested,  the  officer  must  notify  the  plain- 
tiff, and  defendant  can  demand  a  trial  within  three  hours ; 
and  in  case  of  delay  of  more  than  three  hours,  not  caused  by 
another  trial,  the  defendant  is  discharged. 

TG  9* 


m 


DEFENCE  OF  DEBTOR. 


DEFENCE  OF  DEBTOR. 


In  the  conlracting  of  a  debt  there  must  be,  at  least,  two  contracting  par- 
ties. And  as  no  man  can  be  made  a  contracting  party  without  his  free  will 
and  consent ;  so  no  man  can,  except  with  his  consent,  or  by  his  own  act 
or  default,  (or  that  of  his  agent,  which  is  in  fact  his)  become  debtor  to  ano- 
ther. 

A  debt  may  be  admitted  to  be  wholly  due,  and  yet  the  party  making  the 
admission  may  refuse  to  pay  it^  on  the  ground  that  be  has  a  claim  against 
the  other  party  which  he  is  entnled  to  set-off  against  it.  If  the  amount  of 
the  set-ufl'does  not  equal  the  demand,  then  he  is  justifiable,  in  setting  off  his 
claim  against  that  made  against  him,  and  paying  or  tendering  the  balance. 

The  amount  of  a  debt  may  be  admitted,  and  yet  the  party  refuse  to  pay 
it,  on  the  ground  that  it  is  not  due,  the  time  when  it  was  to  be  paid  not  hav- 
ing elapsed. 

Where  a  debt  is  disputed  in  part,  but  a  portion  of  it  admitted,  the  objec- 
tion to  the  disputed  part  may  either  be  mentioned  and  slated  to  the  parly 
claiming  it,  and  an  offer  made  to  pay  the  amount  admitted  ;  or  it  may,  in 
some  cases,  and  under  certain  circumstances,  be  prudent  to  slate  generally 
f  without  stating  the  grounds  of  objection)  that  the  portion  disputed  will  not 
be  paid,  but  offering  to  pay  the  admitted  amount.  Care  must  be  taken, 
where  a  portion  of  an  account  or  of  a  demand  is  objectionable,  not  to  make 
a  general  promise  of  payment  of  the  account  in  demand,  but  to  limit  such 
promise  to  the  unobjectionable  portion.  So,  also,  it  is  advisable  where  an 
account  has  been  rendered,  to  parts  of  which  objections  are  entertained, 
not  to  retain  the  account  so  rendered  for  a  length  of  time,  wiihout  express- 
ing a  dissent  from  its  correctness.  As,  in  some  cases,  the  fact  of  an  accep- 
tance of  such  account,  and  keeping  it  for  a  length  of  time  wiihout  stating 
f^ny  objection,  may  be  considered  an  admission  of  its  correctness. 

Jlie  grounds  on  which  a  total  denial  of  a  debt  may  rest  are  ;— 

Astly,  The  debt  so  denied  to  be  due  may  never  have  existed,  or  may  never 
have  been  contracted  by  the  party  from  whom  payment  is  sought. 

2ndly,  As  it  may  have  been  at  one  period  a  bonajide  subsisting  debt,  but 
lapse  of  time  may  legally  (we  do  not  say  morally)  justify  a  denial  of  and 
refusal  to  pay  it. 

3rrf/y,  It  having  been  a  good  and  subsisting  debt,  the  laehes  (that  is  neglect) 
of  the  creditor  may  (by  operation  of  law)  have  extinguished  it. 

\thly.  Or  it  may  be  a  demand  to  which  the  person  from  whom  it  is  claimed 
may  apparently  be  liable,  but  which  the  law  does  not  recognise,  and  the 
amount  of  which  cannot  be  enforced  for  want  of  consideration,  or  in  con- 
gequence  of  the  transaction  out  of  which  it  arose  being  illeg^al. 

Claims  which  are  frequently  denied,  are  made  against  a  party  for  the 
amount  of  goods  or  articles  supplied  to  another  upon  the  recommendation 
or  introduction  of  such  party.  When  and  under  what  circumstances  a 
person  may  be  liable  for  the  debt  of  another  has  already  been  slated,  (p.  44.) 

Where  a  party  promises  to  pay  when  convenient,  if  it  be  proved  that  he  is 
able  to  pay,  the  law  will  consider  ability  as  amounting  to  convenience,  and 
judgment  will  be  given  accordingly. 

Cases  may  arise  in  which,  under  certain  circumstances,  a  prudent  con- 
sideration for  one's  pocket  may  induce  the  settlement  of  a  demand,  though 
no  legal  liability  may  exist  ;—a»  where  a  suit  is  brought,  and  it  will  cost 
the  party  more  to  contest  it,  even  if  he  gains  his  case,  than  the  amount 
daimed. 

The  party  making  the  claim,  must  prove  it.  If  the  creditor  proves  his 
claim,  and  the  debtor  seeks  to  justify  his  non-payment  or  non-performance, 
upon  any  grounds,  he  must  be  prepared  to  prove  them. 

As,  when  a  party  is  fued  for  a  sum  of  money  for  goods  sold,  the  proof  of 
the  purchase  and  delivery  will  entitle  the  creditor  to  a  verdict ;  but  if  a 
credit  of  a  certain  period  were  given,  and  that  period  be  not  elapsed  at  the 
time  of  the  action  brought,  that  will  be  matter  for  the  debtor  to  prove. 

So,  in  an  implied  contract,  if  an  action  be  brought  against  a  carrier  for 
non-delivery  of  a  parcel,  proof  of  the  parcel  having  been  given  inio  his  charge, 
that  a  consideration  either  was  or  was  not  to  be  paid  for  its  delivery,  ana 
the  non-delivery,  together  with  ihe  value,  will  be  sufficient  on  the  part  of 
the  party  seeking  to  enforce  payment. 

The  non-deliver>'  may  have  been  caused  by  accident,  or  by  the  act  of 
Ood,  and  thioagh  no  negligence  of  the  carrier :  this  must  be  proved  on  his 
part. 


AFFIDAVITS,  103 


Where  the  debt  is  barred  by  the  statute  of  limitations,  this  must  be  shown 
and  taken  advantage  of  by  the  debtor. 

So,  proof  of  such  neglect  on  the  part  of  the  creditor,  as  would  in  law  ex- 
tinguish the  debt,  or  other  proof,  such  as  having  looked  to  and  dealt  with 
a  principal,  where  there  was  a  surety,  by  which  the  surety  was  discliarged. 
is  proof  on  the  part  of,  and  to  be  made  by,  the  party  sought  to  be  rendered 
liaiile. 

Where  it  is  contended  that  no  consideration  existed  for  a  debt,  that  fact, 
being  (lleaded,  throws  the  burthen  of  proof  (in  law)  on  the  part  of  the  per- 
son sunig  or  seeking  to  enforce  his  claim. 

Illegality  of  consideration  must  be  shown  and  proved  by  the  defendant 
or  party  sought  to  be  made  a  debtor.  Where  a  certain  portion  of  a  demand 
has  been  admitted  and  offered  to  be  paid,  and  rejected,  and  an  action  brought 
to  recover  the  full  amount,  the  debtor  will  have  (if  desirous  of  savin  g  him- 
self from  costs)  to  prove  the  actual  sum  tendered  to  the  creditor. 

On  the  sul)ject  of  tender,  we  may  observe  that  the  exact  amount  intended 
to  be  offered  and  paid  should,  {without  any  gvali/ication,sach  as  "  i/you  uHU 
take  this  in  full  Iwillpay  you,"  or  "  lake  this  and  ^ive  me  a  receipt  in  full,") 
be  tendered,  that  is,  produced,  in  bank  notes,  gold,  silver,  and  copper,  and 
held  out  to,  shown  and  offered  to  the  creditor,  or  his  attorney,  in  the  pres- 
ence of  a  disinterested  witness. 

Supposing  a  debt  to  have  been  established,  defence  is  at  an  end  ;  and  it 
then  becomes  the  interest  ofthe  debtor  to  settle  it  in  the  most  beneficial  and 
favorable  manner  to  himself,  and  on  the  best  terms  he  can  make,  keeping  it 
always  in  view  that  his  creditor  has  the  means  of  enforcing  it  against  him. 
And,  also,  recollecting  that  where  a  bonajide  debt  really  subsists,  any  at- 
tempt at  denial  of  it,  or  defence  for  the  purpose  of  gaining  time,  only  adds 
costs  and  expense,  which  must  ultimately  fall  on  him. 


PART    III. 


COMMERCIAL  AND   DOMESTIC  LAWS. 


AFFIDAVITS. 

An  affidavit  is  an  oath  in  writing,  signed  by  the  party  deposing,  sworn 
before,  and  attested  by,  the  person  who  has  authority  to  administer  the 
same.  The  place  of  abode,  and  the  addition  of  the  person  making  such 
affidavit,  should  be  annexed  thereto,  and  should  be  full,  certain  and  positive. 

Affidavits  and  oaths,  when  authorized  by  law,  may  be  taken  in  the  same 
manner  that  oaths  and  affirmations  are  administered  in  open  court,  and 
they  may  be  taken  before  any  magistrate  authorized  to  administer  oaths, 
unless  where  the  statute  makes  olner  provision. 

Affidavit  of  demand  againt  a  Nan- Resident  Debtor. 

Commonwealth  of ,  County  of ss. 

Before  me,  Benjamin  H.  Currier,  Esquire,  Commissioner  in  and  for  the 

■aid  Commonwealth,  appointed  by  the  governor  of  the  State  of ,  to 

take  the  acknowledgment  and  proof  of  deeds  and  other  wrilings  under 

seal,  to  be  used  or  recorded  in  the  said  State  of ,  and  to  administer 

oaths  and  affirmalions,  came  I.  R.  B  ,  of ,  in  the  county  of ,  and 

Commonwealth  aforesaid,  who  being  by  me  duly  swoni,  deposes  and  says, 

that  IL  R.  A.,  lately  of  said ,  but  now  resident  of ,  in  the  county 

of ,  and  State  of ,  is  justly  and  bona  fide  indebted  unto  him,  the 

said  I.  R.  B.,  in  the  just  and  full  sum  oi  fifty  seven  doUars  and  fifty  cents, 
and  that  he  baa  given  credit  to  said  H.  R.  A.  for  all  paymenu  and  off-seu 


104  IXEPOSITIONS. 


to  which  he  is  entitled,  and  that  the  balance  claimed  is  justly  due,  according 
to  the  foregoing  account,  and  that  said  account  is  correctly  stated. 

Sworn  and  subscribed  this day  I.  R.  B. 

of ,  A.D.  1851.    Before  me,  Ben/amin  H.  CnHRiKK, 

Commissioner  for  the  Stale  of 

Affidavit  for  Goods  sold  and  delivered. 

State  of ,  County  of ss. 

A.  fi.,  of ,  in  said  county,  being  duly  sworn,  deposes  and  says,  that 

C.  D.,  of ,  in  the  county  of ,  and  slate  of ,  is  justly  and  truly 

indebted  unto  him,  this  deponent,  in  the  sum  of dollars,  for  goods  sold 

and  delivered  by  him  to  the  said  C  D.,  and  that  he  has  given  credit  to  the 
said  D.  for  all  payments  and  off-sets  to  which  he  is  entitled,  and  that  the 
balance  claimed  is  justly  due,  according  to  the  foregoing  account  j  and  thai 
said  account  is  correctly  stated.  A.  B. 

Sworn  and  subscribed  this  ninth  day  of ,  A.  D.  1851.    Before  me, 

B.  H.  C,  Commissioner  for  the  iSate  of . 

Affidavit  of  Goods  sold  and  delivered,  when  made  by  a  Clerk. 

State  or  ,  County  of ,  ss. 

A.  B  ,  of ,  in  said  county,  being  duly  sworn,  deposes  and  says,  that 

E.  F..  of  ,  in  the  county  of  ,  and  state  of ,  is  justly  indebted 

unto  tne  said  C.  D.  for  goods  sold  and  delivered  to  the  said  E.  F.,  which 
goods  were  packed  and  delivered  to  him  by  this  depcment.  And  this  de- 
ponent further  saith,  that  the  account  hereto  annexed  was  duly  copied 
from  the  books  of  the  said  C.  D.,  and  examined  by  him,  this  deponent,  and 
that  full  credit  has  been  given  said  E.  F.  for  all  payments  and  off-sets  to 
which  he  is  entitled,  and  that  the  balance  claimed  is  justly  due,  according 
to  the  foregoing  account,  and  that  said  account  is  correctly  slated.   A.  B. 

•  Sworn  and  subscribed  this  ninth  day  of A.  D.  1851.    Before  me, 

B.  H.  C,  Commissioner  for  the  State  of . 

State  of ,  County  of ,  ss. 

A.  B.,  of ,  in  said  county,  being  duly  sworn,  deposes  and  says,  that 

he  is  the  owner  (or  shipper)  of  the  coal  mentioned  and  described  in  the 

within  copy  of  the  clearance  of  the  boat  ,  and  that  the  actual  weight 

of  the  same  is  therein  truly  stated,  at thousand  pounds.  A.  B. 

Sworn  to  before  me,  this day  of ,  1851. 

G.  H.,  CoUector  of  Tolls  at  . 

State  cV ,  County  of ,  ss. 

Personally  a.)peared  the  above-named  A.  B.,  and  made  solemn  oath, 
[or  solemnly  atfirmed]  that  the  foregoing  declaration  [certificate,  ice.,  as  the 
case  may  bel  by  him  subscribed,  is  true.  A.  B. 

Sworn  to  before  me,  this day  of ,  1851. 

C.  D.,  Justice  of  the  Peace. 

State  of ,  County  of ,  ss. 

A.  B.  and  C.  D.,  of ,  being  by  me  severally  sworn,  depose  and  sajr, 

and  ekch  for  himself  deposes  and  says,  that  the  facts  stated  and  set  forth  la 
the  foregoing  ceitificate  by  them  signed,  are  true.  A.  B. 

Sworn  to  before  me,  this day  of ,  1851.  C.  D. 

G.  H.,  Justice  of  the  Peace. 

State  of ,  County  of ,  ss. 

A.  B.,  of ,  being  duly  sworn,  says  that  the  facts  set  forth  in  the  above 

petition,  subscribed  by  him,  are  true.  A.  B. 

Sworn  to  before  me,  this day  of ,  1851. 

G.  H.,  Justice  of  the  Peace, 


DEPOSITIONS. 

Depositions  taken  under  a  Commission. 
•  In  taking  a  deposition  under  a  commission,  the  magistrate  should  care- 
fully  observe  the  directions  and  regulations  of  the  Court  from  which  the 


INSOLVENCY.  106 


commission  issues,  which  are  usually  embraced  in  the  commission  or  sent 
oul  with  it  Many  Courts  have  established  particular  rule?  to  be  ol-served 
in  executing  Commissions  ;  and  in  some  Stales  such  rules  are  provided  by 
statute  ;  and  care  should  be  observed  to  follow  the  statutes  regulating  the 
manner  of  taking  the  same,  of  the  Stale  where  they  are  to  be  used.  In  all 
cases  in  taking  depositions  the  oath  is  iiist  to  be  administered  to  the  depo- 
nent, as  follows : — 

Oath. 

You  solemnly  swear  [or  affirm]  that  in  answer  to  the  interrogatories  and 
cross-interrogatories  that  maybe  put  to  you  from  this  commission,  you 
will  testify  the  truth,  the  whole  truth,  and  nothing  but  the  truth.  So  help 
you  God. 

[I%e  deposition  is  usually  commenced  in  this  form.] 

I,  A.  B.,  of ,  in  the  county  of ,  and  state  of ,  gentle- 
man, of  the  age  of years,  on  oath  depose  and  say,  in  answer  to  the 

several  interrogatories  and  cross-interrogatories  annexed  to  the  foregoing 
commission,  as  follows,  viz:  — 

"  To  the  first  interrogatory,  I  answer,  Ac. 

"  To  the  second  interrogatory,  I  answer,  4c. 

After  the  answers  are  reduced  to  writing,  the  deponent  will  sign  them. 

Sometimes  by  the  requisition  of  the  Commission,  or  by  the  custom  of  the 
State,  the  deponent  mav  be  sworn  after  his  testimony  is  reduced  to  writing 
and  signed ;  and  then  the  oath  may  be  as  follows : — 
Oath  after  signing. 

You  solemnly  swear  that  ihese  answers,  by  yon  subscribed,  to  the  sev- 
eral interrogatories  which  have  been  submitted  to  you,  contain  the  truth, 
the  whole  truth,  and  nothing  but  the  truth,  relative  to  the  matters  inquired 
01.     So  help  you  God. 

Return  of  Commission  xchenfrom  State  Court. 

State  of ,  ss. 

On  this day  of ,  in  the  year ,  by  virtue   of  the  foregoing 

commission,  I  caused  the  al)ove  named  A.  B.,  the  deponent  therein  men- 
tioned, to  come  before  me ,  in  the  said  county  of ,  and  he  being 

then  and  there  duly  cautioned  and  sworn  to  testify  the  truth,  the  whole 
truth,  and  nothing  but  the  truth,  in  answer  to  the  several  interrogatories 
and  cross-interrogatories  thereto  annexed,  gave  the  foregoing  answers,  by 
him  subscribed  in  my  presence,  and  the  same  were  by  me  reduced  to  wri- 
ting in  his  presence. 

E.  F.,  CommUsioner  of  the  State  of . 

INSOLVENCY. 

In  many  of  the  States,  provision  ^s  made  whereby  an  insolvent  debtor 
upon  the  surrender  of  all  his  property,  may  obtain  a  discharge  from  his 
debts  and  liabiliiies. 

Insolvency  may  be  of  two  kinds,  voluntary  and  involuntary.  Voluntary 
insolvency  is  where  the  debtor  desires  to  avail  himself  of  the  insolvent 
Jaws,  and  petitions  for  that  purpose  :  and  involuntary,  is  where  his  cred- 
itors force  him  into  insolvency. 

The  cirf  umstances  which  will  entitle  a  debtor  or  his  creditors  to  resort  to 
the  aid  of  the  insolvent  laws,  are,  of  course,  in  some  degree  peculiar  to 
each  Stale.  Generally,  in  caKes  of  voluntary  insolvency,  Uie  debtor  must 
owe  n  cenain  amuuni,  and  his  petition  to  be  declared  insolvent  must  set 
forth  that  he  is  indebted  to  that  amount,  and  that  he  is  unable  to  pay  the 
same.  The  usual  grounds  upon  which  a  creditor  petitions  to  have  his 
debtor  declared  insolvent,  ami  his  property  taken  possession  of  and  dis- 
tributed among  his  creditors,  are,  that  the  debtor  has  fraudulently  secreted 
or  conveyed  away  his  properly  or  that  he  has  suflered  it  to  l>e  attached  and 
lo  remain  so  for  a  certain  length  of  time  withont  dissolving  the  same,  &c. 

The  proceedings  in  insolvency  are  had  before  commissioners  in  insol- 
vency, or  masters  in  chancery,  as  they  are  called,  appointed  for  that  pur- 
pose. The  proceedings  are  commenced  by  petition,  in  which  the  debtor  or 
creditor  sets  forth  the  facts  upon  which  his  prayer  for  relief  is  founded. 
Upon  the  petition  of  the  debtor,  no  proof  or  examination  is  ordinarily  bad* 


106  ACKNOWLEDGMENT    OF   DEBT. 

to  ascertain  the  truth  of  the  facts  set  forth,  hut  the  commissioner  immedi- 
ately issues  a  warrant  to  the  messenger  to  take  possession  of  the  debtor's 
property,  and  to  call  a  meeting  of  hi*  creditors.  Where,  however,  a  cred- 
itor petitions  to  have  his  dehtor  declared  insolvent  the  commissioner  does 
not  issue  a  warrant  until  satisfied  by  proof  that  the  facts  set  forth  in  the 
petition  are  true,  and  ordinarily,  not  until  notice  has  been  given  to  the 
debtor  to  appear  and  show  cause,  if  any  he  has,  why  he  should  not  be  de- 
clared insolvent. 

The  first  step  taken  by  the  commissioner,  in  a  case  properly  before  him, 
is  to  issue  a  warrant  directing  a  messenger  to  take  possession  of  all  the 
debtor's  property,  and  to  call  a  meeting  of  his  creditors. 

At  the  first  meeting  of  the  creditors,  an  assignee  is  appointed,  to  whora 
the  commissioner  assigns  all  the  debtor's  property,  and  who  thereupon  be- 
comes clothed  with  all  the  powers  requisite  to  sell,  dispose  of,  collect,  and 
reduce  to  money,  all  the  property  of  the  debtor,  and  whose  duty  it  is  to  call 
meetings  of  the  creditors,  whenever  ordered  solo  do  by  the  commissioner, 
to  collect  and  dispose  of  the  property  in  n  discreel  and  prudent  manner, 
and  to  do  such  other  acts  as  by  law  are  imposed  upon  him. 

The  right  of  the  debtor  to  a  discharge  from  his  debts  varies  in  different 
States.  In  some,  an  honest  debtor  may  be  enlitled  to  a  discharge,  although 
the  per  centage  paid  upon  his  estate  bo  never  so  small ;  in  others, the  debitor 
must  pay  a  certain  per  centage  of  his  debts,  or  he  will  not  be  able  to  obtain 
his  discharge;  in  other,  he  must  pay  a  certain  per  centage,  or  obtain  the 
assent  of  a  majority  of  his  creditors  to  his  discharge.  The  law  also  varies 
in  cases  where  a  party  is  a  second  or  third  time  insolvent,  renderingit  more 
difficult  in  such  cases  for  the  debtor  to  obtain  his  discharge  than  in  the  first 
instance  of  insolvency. 

Where  a  debtor  has  been  guilty  of  any  fraudulent  conduct  in  regard  to 
his  property,  within  six  months  or  a  ye:ir  of  the  time  when  application  to 
the  commissioner  is  made,  he  will  not  be  entitled  to  his  discharge  ;  and  in 
some  States,  if  he  has  paid  or  secured  a  pn'-existing  debt  within  a  year 
prior  to  his  being  declared  insolvent,  having  reasonable  cause,  at  the  time, 
to  suppose  himself  insolvent,  his  discharge  will  not  be  granted. 

The  insolvent  laws  of  any  !?late  can  only  bo  made  to  apply  to  all  con- 
tracts made  within  the  State  between  ciiizeiis  of  the  Stale  ;  they  cannot  be 
made  to  apply  to  contracts  made  within  the  State,  between  a  citizen  of  the 
Slate  and  a  citizen  of  another  Stale  ;  nor  to  contracts  not  made  within  the 
State.  But  if  a  creditor  out  of  the  State  voluntarily  makes  himself  a  party 
to  the  proceedings  under  the  insolvent  laws  of  a  State,  and  accepts  a  divi- 
dend, he  is  bound  by  his  own  act,  and  is  deemed  to  have  waived  his  extra- 
territorial immunity. 

Oath  administered  to  a  creditor  to  prove  a  claim. 

"  I,  A.  B.,  do  swear  that  C.  D.,  of ,  by  [or  against,]  whom 

proceedings  in  insolvency  have  been  instituted,  at  and  before  the 
date  of  such  proceedings  was,  and  still  is,  justly  and  truly  in- 
debted to  me  in  the  sum  of ,  for  which  sum,  or  any  part 

thereof,  I  have  not,  nor  has  any  other  person  to  my  use,  to  my 
knowledge  or  belief,  received  any  security  or  satisfaction  what- 
ever, beyond  what  has  been  disposed  of  agreeably  to  law.  And 
I  do  further  swear,  that  the  said  claim  was  not  procured  by  me 
for  the  purpose  of  influencing  the  proceedings  in  this  case. 

In  Massachusetts  the  above  oath  may  be  administered  by  any  justice  of 
the  peace,  where  the  creditor  resides,  if  more  than  five  miles  from  the  place 
of  meeting  of  the  creditors,  which  may  be  enclosed  in  an  envelope,  and 
sent  to  the  Commissioner  or  Assignee. 

ACKNOWLEOGICENT  OF  DEBT. 

Debtor  may  bind  himself  by  acknowledgment. — Any  person  who  is  by  law 
capable  ofbinding  himself  i)y  a  common  bond,  may  enter  inio  a  recogni- 
zance for  the  payment  of  any  debt  that  he  may  owe,  and  may  thereby  sub- 
ject his  person,  and  his  goods  and  estate,  to  be  taken  in  execution  for  iucb 
•debt. 


ARBITRATION.  107 


Form  of  the  Acknowledgment, 

Be  it  remembered,  that  on  this day  of A.  B.  of 

personally  appeared  before ,  and  acknowledpjed  himself  to 

be  indebted  to  C.  D.  of in  the  sum  of to  be  paid  to  the 

said  C.  D.,  on  the day  of ,  [or,  in years  —      or  in 

months,  from  this  day,]  with  interest  from  this  day  ;  and 

if  not  then  paid,  to  be  levied  upon  his  goods  and  chattels,  [lands 
and  tenements,]  and  for  want  thereof,  upon  his  body.  In  wit- 
ness whereof  the  said  A.  B.  hath  hereto  set  liis  hand  and  seal. 

In  presence  of  A.  B.     (l.  s.) 

ProvUion  as  to  Intnest.— The  clause,  as  to  the  payment  of  interest,  may 
be  alierfd  or  wholly  ornitled,  according  to  the  agreement  of  ihe  parties,  but 
interest  is  usually  allowed  for  ihe  delay,  if  any,  after  the  time  of  |>a>menl, 
unless  the  acknowledsmenl  contains  an  express  agreement  to  ihe  contrary. 

Effects  and  remedies .—  \\i  its  effects  and  in  the  lemedie.s  for  any  wrongful 
proceeding  under  it,  an  acknowledgiaeul  is  like  an  ordinary  Judgment  of 
court. 

If  the  debtor  do  not  appear  in  person,  and  acknowledge  the  debt,  he 
may  empower  his  creditor  to  confuse  judgment,  as  follows : — 

"I.  A.  B.,  havelhis  day  purchased  of  C.  D.  goods  amounting  to  thesuin 
of  $50000,  for  which  goods  i  agree  to  pay  him  in  three  monihs  from  dale. 
AikI  ill  case  of  default  of  my  piiymentiof  the  same  wiih  puiiciuality,  I  here- 
by empower  C  D.,  [or  any  Btiorney  ai  law  appoimed  by  him,]  to  appear 
belbre  any  Court  of  Record  [or  before  any  juslice  of  the  peace)  in  the  coun- 
ty of ,  and  stale  of  —  ,  and  to  confess  judgment  on  said  debt,  in  the 

payment  of  which  I  may  be  delinquent. 

"  Witness  my  hand  and  seal,  this  1st  day  of  May,  A.  D.  IS."?!. 

"A.B.         (L.  8.) 

"  Witness,'" 

Note  with  Power. 
f B ,  Jan.  1,1851. 

Six  months  after  date  I  promise  to  pay  to  the  order  of  C.  D  dollars, 

for  value  received,  with  interest.  And  1  do  hereby  consiitule  and  appoint 
C.  D.,  I  or  any  Attorney  at  L<iw  appointed  by  said  C   D.,]  in  my  name  and 

behalf,  to  appear  in  any  Court  of ,(or  before  any  Jusiice  of  the  I'eace,] 

in  the  Stale  of ,  at  any  time  after  this  oblig.-.tion  becomes  due,  and  to 

confess  judgment  in  favor  of  the  holder  of  this  obligation,  for  the  above  sum, 
interest  and  costs. 

Witness  my  hand  and  seal,  this day  of ,  one  thousand  eight 

hundrea  and  .  A.  B.        [l.  ».J 

Sealed  and  delirered  in  presence  of 

The  difference  between  a  sealed  note,  and  one  without  a  seal  is,  that 
the  former  is  not  barred  by  the  staiuie  of  limitation.  'lUie  Creditor,  by  ob- 
taining an  arknowle.lgmeni  of  the  debt,  gels  rid  of  the  delay  and  expenses 
incident  to  a  suit  at  law  ;  and  would  probably  secure  his  demand  if  he 
should  levy  execunon,  previouxly  lo  his  debior's  availing  himself  of  the 
insolvent  law  — ( For  more,  uii  the  same  subject,  See  Business  Man's  As- 
sistant, page  58.] 

ABSmiATION  BT  BEFEBENCE. 

Persons  who  might  maintain  or  defend  a  suil  at  law  or  in  chancery,  for 
a  mailer  not  affeciing  real  csiaie,  may  submit  their  controversies  to  arbitra- 
tion by  a  reference  made  by  themselves,  pr  their  aitorneys,  before  a  justice 
of  the  peace,  or  other  constituted  authority. 

Farm  of  Subinission,  and  Certificate. 

Know  all  men,  that  A.  B.,  of ,  and  ('.  D.,  of ,  have 

agreed  to  submit  the  demand,  a  statement  whereof  is  hereto 
annexed,  [and  all  other  demands  between  them,  as  the  case 
may  b. ,]  to  the  determination  of  E.  F.,  G.  H.,  and  I.  J.,  the 
aword  of  whom,  or  the  greater  part  of  whom,  being  made  and 


IDS  REPLEVIN. 

reported  within  from  this  day  to  the   court  of    

for   the  county  of ,  the  judgment  thereon  shall  be 

final ;  and  if  either  of  the  parties  shall  neglect  to  appear  before 
the  arbitrators,  after  due  notice  given  them  of  the  time  and 
place  appointed  for  hearing  the  parties,  the  arbitrators  may  pro- 
ceed in  his  absence.     Dated  this ,  day  of ,  in  the  year 

A.  B.         (L.  s.) 

C.  D.        (L.  s.) 

This  reference  may  be  of  "  all  demands,"  or  of  any  specific  claims  or 
controversies,  described  so  as  lo  show  what  is  the  subject  of  the  reference, 
or  it  may  be  varied  in  any  other  manner,  according  to  the  agreement  of 
llie  parties. 

Neither  party  may  revoke  the  submission  without  the  consent  of  the  other ; 
and  if  either  party  neglect  to  appear,  after  due  dolice,  the  arliltrators  may 
proceed  to  hear  and  determine  the  cause,  upon  the  evidence  produced  by 
the  other  party. 

All  the  arbitrators  shall  meet  and  hear  the  parties,  but  an  award  of  a  ma- 
jority shall  be  valid,  unless  otherwise  required  in  the  submission. 

The  timr  limited/or  mnking  and  rrporling  the  award  may  be  determined 
by  the  parties,  but  an  award  made  and  reported  after  the  time  limited  in  the 
submisi<iun,  will  nut  be  binding  unless  recommitted  by  the  court,  to  which 
it  may  be  returned  and  again  reported. 

The  award  shall  be  enclosed  and  sealed,  by  the  arbitrators,  and  transmit- 
ted by  one  of  them  to  the  court*  desiffuaied  in  the  agreement. 

Costs  of  S'rvices  of  arbitrators— KrhwrMoTi,  if  the  submission  does  not 
otherwise  provide,  may  award  costs  at  their  discretion,  including  compen- 
sation for  their  own  services,  but  the  court  may  reduce  the  award  of  com- 
pensation for  services  of  the  arbitrators,  if  unreasonable. 

JiuJ^ment  of  the  court. — If  the  proceedings  are  regul  ir,  and  there  be  no 
fraud  in  the  arbitration,  the  award  will  gent-rally  lie  confirmed,  and  execu- 
tion will  issue  for  the  amount,  but  for  any  legal  and  sulficieiil  reason  the 
court  may  reject  the  award,  or  recommit  it  to  the  same  arbitrators  for  a  re- 
hearitig.  

*  The  parties  may  consent  to  open  the  award,  and  abide  by  its  decision, 
without  presenting  it  to  tha  court,  by  signing  the  following  agreement: — 

,  M.     B ,  Nov.  3,185-.     We  the  subscribers  individually  agree 

to  open  the  within  Award,  and  to  abide  by  the  decision  of  it,  the  same  as 

if  opened  in  Court.  C.  D.,  Pres't  oi Ins.  Coin. 

A.  B.,  Party  Insured. 

[See  ''  Business  Man's  Assistant"  for  forms  of  Bond  of  Submission, 
and  Award  of  Referees.] 


SEPLEVIH. 

Whe.v  any  goods,  of  the  value  of  more  than  dollars,  are  unlaw- 
fully taken  or  detained,  from  the  owner  or  other  person  entitled  lo  the  pos- 
gesition,  or  when  any  goods  of  that  value,  attached  on  mesne  process  or 
taken  in  execution,  are  claimed  by  any  person  other  than  the  defendant  in 
the  suit,  they  may  be  replevied  by  the  person  claiming  them.  So,  the 
mortgagor  of  personal  property,  or  any  person  claiming  under  him,  who  is 
entitled  to  redeem  it,  may  replevy  the  property,  if  the  mortgagee,  upon  be- 
ing tendered  the  sum  due  cm  the  mortgage,  with  all  reasonable  and  law- 
ful charges,  expenses,  &.C..  shall  refuse  to  deliver  up  the  same. 

The  omcer,  before  serving  the  writ  of  rcplevm,  must  take  from  the  plain- 
tiff or  from  some  one  in  his  behalf,  a  bond  to  the  delendant,  with  sufficient 
sureties,  in  double  the  value  ot  goods  to  be  replevied,  with  condition  to 
pro::ecute  the  replevinto  final  judgment,  and  to  pay  such  damages  and  costs 
as  the  defendant  shall  recover  a«ainst  him.  and  also  to  return  the  said 
property,  in  case  such  shall  be  the  final  judgment. 

If  it  shall  appear,  upon  the  nonsuit  of  the  plaintiff,  or  upon  a  trial  or 
otherwise,  that  the  defendant  is  entitled  to  a  return  ot  the  goods,  he  shall 
have  juflgmeiit  therefor  accordingly,  with  damages  for  the  taking  thereof 
by  the  replevin,  and  his  costs  of  suit. 


OFF-SET,   OR   SET-OFF.  109 

OFF-SET,  OR  SET-OFF. 

When  ihere  are  mutual  debts  or  demands  between  the  plaintiff* and  ae 
fendant  in  any  action,  one  demand  may  be  aet  off  against  tlie  other  in  cer 
tain  cases,  as  follows : 

The  demand  in  set-ofTmust  be  founded  upon  a  judgment  or  contract,  ex- 
press or  implied,  and  for  a  sum  liquidated,  or  that  may  be  ascertained  by 
calculation.  A  claim  fur  wrongs  and  injuries  done  cannot,  therefore,  be 
made  the  subject  of  set-off. 

The  demand  in  set-off  must  have  existed  at  the  commencement  of  the 
suit,  and  be  due  the  defendent  in  his  own  right.  Thus,  an  administrator, 
who  has  in  his  hands  a  distributive  share  ot  his  intestate's  estate,  which 
belongs  to  an  insolvent  debtor,  cannot  withhold  it  from  the  debtor's  assignee 
for  the  purpose  of  paying  himself,  by  way  of  set-off.  a  debt  due  to  him  in 
his  own  rishi,  from  such  debtor.  (6  Mete.  537.)  If,  however,  the  demand 
was  assigned  to  the  defendant,  with  notice  to  the  plainliffof  the  assign- 
ment, before  the  commencement  of  the  action,  it  may  be  filed  in  set-ofl^by 
the  defendant. 

The  set  off  is  allowed  in  all  actions  founded  upon  demands,  which  could 
themselves  be  the  subject  of  a  set-off. 

If  the  demand,  on  which  ihc  action  is  brought,  has  been  assigned,  and 
the  defendant  had  notice  of  the  assignment,  he  cannot  set-off  any  demand 
that  he  may  acquire  against  the  ori<>inal  creditor,  after  such  notice. 

If  there  are  several  plaintiffs  to  the  suit,  no  demand  can  be  filed  in  set- 
off, unless  it  be  due  from  all  of  them  jointly.  So,  if  there  are  several  de- 
fendants, the  demand  to  be  filed  by  them  in  set-off,  must  be  due  to  all  o{ 
them  jointly. 

The  maker  of  a  note  payable  on  demand  may,  in  an  action  on  the  note, 
by  an  indorsee  against  him,  file  in  set-off  any  demands  which  he  may  have 
against  the  payee,  and  which  he  could  have  filed  if  the  payee  had  brought 
the  action.    (9  Mete.  307.) 

In  an  action  by  the  indorsee  against  the  maker  of  a  negotiable  note  in- 
dorsed when  over  due,  the  maker  can  avail  himself  of  any  payments  or  off- 
sets, or  other  matter  of  defence,  which  existed  between  himself  and  the 
promisee,  at  the  time  of  the  actual  indorsement  and  transfer  of  the  note  to 
the  holder.  But  he  cannot  file  in  off-set  any  claim  against  the  promisee, 
that  he  may  acquire  after  the  note  overdue  is  indorsed,  although  he  had  no 
notice  o(  such  indorsement. 

In  an  action  by  an  insurance  company  against  an  individual,  the  defend- 
ant cannot  file  in  set-off  a  claim  for  damages  upon  a  policy  o;  insurance, 
for  an  alleged  loss,  when  the  claim  is  denied  by  the  insurers,  and  ihe  legality 
of  such  claim  is  undecided,  and  the  amount  of  damages  wholly  unliqui- 
dated. 

To  entitle  a  defendant  to  a  set-off,  he  must  file  a  statement  of  bis  demands 
in  court  or  In  the  clerk's  office,  at  the  time  at  which  the  action  is  entered,  or 
within  such  further  lime  as  the  court  shall,  for  special  reasons  allow,  and 
must  give  written  notice  to  the  plaintiffor  his  ntlomev. 

Where  a  person  has  a  claim  against  a  party  suing  iiim,  which  he  cannot 
avail  himself  of  by  way  of  set-off,  he  should  immediately  commence  suit 
on  the  claim,  and  with  the  permission  of  the  court,  off-set  one  judgment 
against  the  other. 

Executions  between  the  same  parties  may  be  set-off,  one  against  the 
other,  in  the  following  manner: — The  debtor  can  deliver  his  execuiion  to 
the  same  officer  who  holds  the  other  execution,  and  he  shall  set-off  one 
against  ihe  other,  Rnd  the  balance  due  on  the  larger  execuiion  m.iy  be  col- 
lected in  the  same  manner  as  if  there  had  been  no  set-off.  Such  set-off 
cannot  be  made,  unless  the  creditor  in  one  of  the  executions  is  in  the  same 
capacity  and  trust  as  the  debtor  in  the  other;  nor  can  it  be  made  where  one 
execution  has  been  lawfully  assigned  before  the  creditor  in  the  oiher  exe- 
cution becomes  entitled  to  the  sum  due  therein  ;  nor  where  there  are  seve- 
ral creditors  or  debtors  in  one  and  not  in  the  other  ;  nor  shall  it  be  allowed 
as  to  so  much  of  the  first  execution,  as  may  be  due  to  the  attorney  in  that 
suit,  for  his  fees  and  disbursements. 

TENSES. 

UoLD  and  silver  are  the  only  legal  tender  in  this  country;  bank  noto^ 
are  considered  a  good  tender,  unless  objection  is  made  on  that  account.     ^ 
TO  10 


110  TENDER — LIEN. 

A  tender  may  be  made  on  any  contract  for  the  payment  of  money,  at  any 
time  before  the  issuing  of  the  writ;  and  it  will  be  a  good  defence  to  the 
costs  of  sait  and  damages,  and  interest  upon  the  debt  after  the  tender  is 
made :  but  it  is  no  defence  to  the  debt.  The  money  tendered  for  the  debt 
should  be  brought  into  court. 

A  tender  may  also  be  made,  after  an  action  is  brought  on  such  contract, 
of  the  whole  sum  due  thereon,  with  the  legal  costs  of  suit  incurred  up  to  that 
time,  provided  it  be  made  within  the  requisite  time  before  the  return  day  of  the 
original  writ.  The  tender  may  be  made  to  the  plaintiff  or  his  attorney,  and 
if  not  accepted,  the  defendant  may  plead  such  tender  at  the  trial,  bringing 
into  court  the  amount  so  tendered  for  the  debt  and  costs.  If  the  tender  is 
accepted,  the  plaintiff  or  his  attorney  shall  give  to  ihe  defendant  a  certifi- 
cate, or  notice  thereof  to  the  officer  who  has  the  writ ;  and  if  any  costs 
are  incurred  by  the  officer  after  the  tender,  and  before  he  has  notice  thereof, 
the  defendant  must  pay  it. 

The  debtor  must  tender  the  whole  amount  of  the  debt,  and  all  interest 
and  costs  that  may  have  accrued  up  to  that  time,  as  a  tender  of  part  only 
is  void,  because  the  creditor  is  not  bound  to  accept  a  part.  Bui  it  would 
'iem  that  a  tender  of  a  greater  amount  than  what  is  due,  is  good,  for  what 
4  actually  due  ;  it  is  advisable,  however,  to  tender  the  exact  amount.  If 
there  are  several  distinct  sums,  he  may  tender  one  of  the  sums,  declaring 
that  the  tender  is  made  for  that  sum. 

In  making  a  tender,  the  money  should  be  produced,  and  if  possible,  laid 
down  and  counted  in  the  presence  of  the  creditor;  and  the  tender  must  be 
to  pay  it  over  immediately.  But  if  the  creditor  expressly  dispense  with  its 
production,  it  need  not  be  shown  ;  but  il  must  clearly  appear  that  he  dis- 
pensed wiih  its  production,  and  to  avoid  ruiinuig  any  risk,  it  is  always  ad- 
visable to  produce  it. 

The  tender  must  be  absolute  and  unconditional,  and  it  was  held  invalid, 
where  it  was  accompanied  with  a  demand  of  a  discharge  of  the  party 
making  it. 

LIEN,   OR  EETENTION. 

A  LlKN  may  be  defined  a  right  which  one  person  has  to  detain  tlie 
property  of  another  on  account  of  labor  expended  on  that  property,  or  for 
the  genera!  balance  of  an  account  due  from  the  owner. 

As  the  common  law  imposes  on  certain  trades,  as  innkeepers  and  carriers, 
the  obligation  of  accepting  all  employment  offered  ■within  ihe  limits  of  their 
occupation,  so,  in  return  for  this  obligation,  it  entitles  the  party  to  a  partic- 
ular lien  on  the  properly  as  a  remuneration  for  the  trouble  and  expense 
incurred  in  the  execution  of  the  purpose  for  which  such  property  was 
entrusted. 

There  appears  to  be  no  lien  on  a  passenger,  or  the  clothes  he  wears, 
though  there  may  be  on  his  luggage. 

But  the  general  opinion  appears  to  be,  that  the  right  of  lien  is  not  confined 
to  those  trades  which  are  under  an  obligation  to  accept  employment  from 
all  who  offer  il;  but  that  the  remedy  by  detention  extends  to  every  trade 
exercised  for  the  benefit  and  advantage  of  the  community. 

Attorneys  and  solicitors  have  a  lien  for  their  costs  on  the  papers  of  their 
clients;  bankers,  upon  all  securities  in  the  way  of  trade  ;  brokers,  factors, 
and  agents,  on  the  property  of  their  principals  in  posscs.^ion,  carriers  have 
a  lien  for  the  carriafje  price  ;  innkeepers  on  the  goods  and  property  of  their 
guests,  for  their  food  and  lodging,  and  on  their  horses,  for  their  keeping  and 
stabling;  insuranccbrokers  have  a  lien  for  the  general  balance  of  their  ac- 
count on  the  policies  effected  by  them  for  their  principals  ;  lastly,  millers, 
packers,  wharfingers,  dyers,  coachmakers,  calico-printers,  shipwrights, 
tailors,  and  others,  have  all  a  lien  on  the  goods  respectively  confided  to 
them  in  the  way  of  business. 

But  as  the  right  of  lien  is  admitted  for  the  benefit  of  trade,  it  is  confined 
in  its  operations  to  trade  only.  It  has  been  held  that  no  lien  lies  for  the 
pasture  of  cattle,  or  the  keep  of  a  dog  ;  or  where  there  has  been  a  special 
agreement  to  pay  a  certain  sum  for  workmanship,  in  which  case  the 
owner  of  the  goods  on  which  the  labor  has  been  bestowed  can  only  be 
made  personally  liable. 

A  right  of  lien  gives  no  general  right  to  sell  goods,  unless  where  there  is 
AQ  express  stipulation  to  that  effect,  or  where  the  goods  are  perishable 


GUARANTEE.  Ill 

In  cuse,too,  of  the  )ien  of  catlle,  it  is  admitted  that  they  may  be  worked 
as  ilie  owner  would  have  \vorked  them  ;  so  also  a  cow  must  be  milked. 

Under  the  following  circumstances  the  right  of  lien  cannot  be  exercised: 

1.  If  the  possession  of  property  has  been  obtained  wrongfully  or  by  misrep- 
reseniution.  2.  If  it  has  been  entrusted  solely  on  the  personal  credit  of  the 
owneT  oi  the  lien,  or  delivered  by  an  authorized  servant  or  agent.  3.  And 
lastly,  no  lien  can  be  acquired  over  property  delivered  by  a  bankrupt,  or 
one  m  contemplation  of  insolvency. 

It  is  also  material  to  remark,  that  if  the  holder  of  goods  accept  a  specific 
security  in  lieu,  or  voluntarily  part  with  the  possession  of  the  whole,  or 
part  of  them,  he  afterwards  loses  all  right  of  lien  upon  them. 

Where  a  parly  has  undertaken  to  perform  labor  in  transporting  goods, 
and  has  periormed  but  part  of  the  service,  he  cannot  hold  the  goods  on  the 
ground  of  lien  for  what  he  has  done.  (9  ]\.  H.  42.) 

By  the  general  maritime  law,  material  men  have  a  three-fold  remedy  for 
supplies  and  materials  furnished  to  a  foreign  ship  :  1st,  against  the  vessel ; 
2dly,  against  the  owners  ;  3dly,  against  the  master.  The  lien  of  material 
men  must  be  enforced  within  a  reasonable  time  after  the  debt  is  due,  or  it 
will  not  avail  against  a  purchaser.  (2  Story's  R.  456.) 

The  mechanic  has  a  lien  upon  articles  repaired  by  him,  for  his  labor  and 
m.-iterials,  and  may  retain  possession  until  he  is  paid.  (2  N.  Y.  628 .) 

Nearly  all  the  states  have  passed  laws  whereby  persons  furnishing  mate* 
rials  or  labor  towards  the  erecting,  or  repairing  of  any  dwelling  house, 
store,  warehouse,  or  other  building,  have  alien  uipon  the  same,  and  the 
land  upon  which  such  building  stands.  A  lien  is  also  allowed,  on  ships, 
steamboats,  and  other  vessels,  for  labor  performed,  or  materials  used,  in 
the  construction  or  rep.iir  of,  or  for  provisions  and  stores,  and  other  articles 
furnished  for,  or  ou  account  of,  sudi  vessel,  which  lien  extends  to  their 
tackle,  apparel,  and  furnilure,  and  takes  precedence  of  allother  liens,  except 
mariners'  wages.    (See  Lien  Laws,  in  Business  illaa'i  Assistant,  page  67.) 


OUABANTEE. 

A  GUARANTEE  (bein^  in  fact  a  promise),  like  all  other  promises,  must  be 
founded  on  some  consideration.  From  what  has  herein  before  been  said 
on  the  subject  of  consideration,  the  advantage  derived  from  having  a  gua- 
ranlee  under  seal,  particularly  if  it  is  for  a  c(insiderable  sum,  will  be  evi- 
dent. Numerous  undertakings,  however,  of  tliis  description,  are  entered 
into  by  writing  not  under  seal. 

A  matter  of  first  moment  for  consideration,  is,  whether  a  proposed  gua- 
rantee is  to  be  confined  lo  a  single  transaction,  or  to  extend  to  more  ihan 
one  or  to  future  transactions  ;  and  lo  what  precise  amount  or  amounts  it  is 
to  be  confined  or  extenaed ;  or  whether  to  be  generally  extended  to  all  acts 
and  to  any  amount ;  also,  tc  what  precipe  period  of  lime  It  is  intended  it 
shall  extend,  if  to  be  prospective.  [Set  Forms  of  Guarantee  in  Business 
Man^s  As.'-istanttp.  46.] 

In  eniering  into  or  giving  a  guarantee  where  no  precise  time  is  fixed, 
wilhin  which  it  is  to  be  determined,  it  should  be  provided  that  the  party 
giving  or  entering  into  it  shall  be  at  liberty  lo  withdraw  therefrom,  upon 
giving  a  reasonable  notice. 

Where  a  parly  is  guarantee  for  ihe  due  payment  of  a  bill  or  note,  if  it  be 
not  duly  paid,  notice  ought  to  be  given  of  its  non-payment  to  the  party 
guaranteeing. 

When  a  guarantee  or  undertaking  to  be  answerable  for  the  debt  of  ano- 
ther is  entered  into,  he  who  ^ives  or  enters  into  it  ought  to  lake  care 
to  be  indemnified  against  loss,  in  ihe  event  of  being  called  on  to  pay  such 
debt.  With  ihis  view  indemnities  are  given  (frequently, but  not  alwaysor 
necessarily,  by  Imnd),  which  are  for  the  purpose  of  holding  harmless  him 
who,  under  an  undertaking  to  l>e  responsible  for  the  debt  or  engagements 
of  another,  iK^comes  chargeable  with  such  debt,  or  liable  to  pay  a  sum  of 
money  under  such  undertaking.  The  same  rules  and  cautions  may  be 
considered  applicable  to  indemnities  as  have  been  mentioned,  vi'ith  refe- 
rence to  guarantees,  with  this  difference  only  ;  that  a  party  taking  an  in- 
demnity ought  to  lake  care  that  it  provides  for  the  payment  of  interest  on 
any  sum  to  be  paid  under  the  liability  of  the  party  to  whom  it  is  given,  and 
also  all  costs,  charges,  and  expenses,  which  he  may  be  put  tola  consequence 
or  by  reason  of  such  liability 


112  GENERAL   PARTNEBSmP. 

GENERAL  FASTNEBSHIF. 

To  constitute  a  partnership,  and  to  make  a  person  liable  as  a  partnefi 
there  must  be  an  agreement  between  him  and  his  colleagues  to  share  in  all 
risk  of  profit  and  loss;  or  he  must  have  permitted  ihem  to  use  his  credit, 
and  to  hold  him  out  as  jointly  liable  with  themselves.  In  general  all  the 
partners  appear  to  the  world,  constituting  what  is  called  the  house  or  Jinn. 

A  number  of  persons  agreeing  to  subscribe  sums  of  money  for  the  pur- 
pose of  obtaining  a  bill  in  the  legislature  to  make  a  canal  or  railroad  are 
partners  in  the  undertaking.     So,  stage  companies  are  liable  as  partners. 

If  there  is  nil  express  stipulation  as  to  the  management  of  pannership 
property,  the  majority  must  decide  as  to  the  disposition  and  management. 

Each  partner  is  not  only  entitled  to  his  proportion  of  the  partnership 
estate,  according  to  express  afrreement,  or  what  he  originally  contributed, 
but  he  has  a  lien  upon  it  for  any  sum  of  money  advanced  by  him  to,  or 
owing  to  him  from,  the  partnership ;  bui  the  joint  property  maybe  validly 
attaeiud  for  a  separate  debt  of  one  partner,  subject  to  the  paramount  claim 
of  the  partnership  creditors. 

Liability  of  Part.ners. — In  general,  it  may  be  stated,  that  the  acts  of 
one  partner  in  the  way  of  sale,  purchase,  promise,  or  agreement,  when  per- 
formed without  collusion,  and  in  violation  of  no  public  law,  arfd  in  course 
of  the  partnership  business,  are  binding  on  the  whole  firm.  And  this  res- 
ponsibility of  partners,  for  the  acts  of  each  other  in  the  cou.se  of  trade, 
cannot  be  limited  by  any  agreement,  covenant  or  promise,  in  ilie  articles  by 
which  the  partnership  is  constituted. 

This  principle  is,  however,  subject  to  some  qualification.  If  one  partner 
can  show  a  disclaimer,  he  will  be  relieved  from  responsibility.  Or,  if  there 
be  any  particular  speculation  which  he  disapproves  of,  by  giving  distinct 
notice  to  those  with  whom  his  partners  are  about  to  contract,  that  he  will 
not,  in  any  mantier.be  concerned  in  it,  they  cannot  have  any  claim  upon 
him,  as  proof  of  the  notice  would  rebut  h\s  prima /acie  liability.  Neither  is 
there  any  joint  liability  for  the  debt  of  one  partner,  unless  contracted  in  the 
course  of  the  partnership  concern.  So,  if  the  partnership  effects  are  taken, 
and  sold  on  an  execution  against  one  partner  only,  the  sheriff  is  to  pay 
over  to  the  other  partners  a  share  of  the  produce  proportioned  to  their 
shares  in  the  partnership  effects. 

Though  a  small  share  in  the  business  renders  the  shareholder  a  general 
partner,  and  subjects  him  to  the  game  responsibility  as  if  he  held  a  more 
considerable  share,  yet  a  share  in  a  ship,  the  copyright  of  a  book,  or  other 
specific  object,  does  not  constitute  a  general  partnership :  and,  therefore, 
the  responsibility  is  limited  lo  that  particular  object. 

The  acts  of  one  partner,  in  drawing  bills  of  exchange,  indorsing  such  as 
are  payable  to  the  firm,  and  making  and  indorsing  promissory  notes,  when 
they  concern  the  joint  trade,  bind  the  firm.  But  it  is  otherwise  if  ihey  con- 
cern the  acceptor  only  in  a  disjoint  interest. 

One  who  joins  a  partnership,  does  not,  without  special  promise,  become 
bound  by  its  previous  debts. 

One  partner  may  maintain  an  action  for  money  received  against  the 
other  partner,  for  money  received  to  the  separate  use  of  the  former,  and 
wronglully  carried  lo  the  partnership  account. 

One  partner  cannot  sell,  or  mortgage  his  undivided  interest  in  a  specific 
part  of  the  property  belonging  to  the  partners.    (11  N.  H.  404.) 

"When  money  is  lent  to  part  of  the  members  of  a  firm,  who  give  a  note 
for  it  in  their  own  names  only,  the  lender  is  not  a  creditor  of  the  firm,  al- 
though the  borrowers  apply  the  money  towards  payment  of  debts  of  the 
firm.  (8  Met.  411.)  But  it  is  different  if^a  partner  borrow  money,  represent- 
ing that  it  is  to  go  to  the  use  of  the  firm,  and  give  their  note  for  it ;  they  will 
be  bound,  whether  it  is  ihus  applied  or  not. 

In  case  of  Bankrcpic'v,  the  joint  estate  is  first  applied  to  the  payment  of 
the  partnership  creditors,  the  surplus  only  going  to  the  creditors  of  the  sep- 
arate estates. 

Dissolution  of  Part.nekship.— By  the  death  of  one  partner  the  part- 
nership is  dissolved  unless  there  is  an  express  a<jreement  for  the  transmis- 
sion of  an  interest  in  ihe  business  to  ihe  deceasedparmer's  family,  or  forthe 
continuation  of  it  by  his  executor  or  administrator ;  or  by  will  the  continu- 
ance is  provided  for;  and  in  making  this  provision,  the  whole  estate,  or 
all  that  portion  of  it  already  embarked,  may  be  bound. 

Where  the  partnership  is  special,  or  formed  for  a  single  dealing  or  trans- 
action, as  soon  as  that  is  completed  the  partnership  is  at  an  end  of  course. 
Bat  where  a  general  partnership  is  entered  into,  for  an  unlimited  time,  it 


UNITED  PARTNEHSHIP.  113 

may  be  put  an  end  to  at  any  time  by  either  of  the  parties,  so  that  he  does 
not  break  off  with  some  sinisier  view. 

A  partnership  may  be  dissolved  by  the  expiration  of  the  time  for  which 
it  was  constituted,  by  award  of  arbitrators,  by  the  insanity  of  one  of  the 
firm,  or  by  the  gross  misconduct  of  a  partner,  which  will  induce  a  court  of 
equity  to  annul  the  contract. 

An  advertisement  in  the  newspapers  is  sufficient  announcement  of  the 
dissolution  of  partnership  to  those  who  have  not  had  dealings  with  the 
firm  ;  but  to  those  who  have,  notice  should  also  be  sent. 

If  a  partner,  when  he  retires,  draw  out  of  the  partnership  stock  all  that  he 
had  paid  in,  the  house  being  insolvent  at  the  time,  he  will  be  obliged  to  re- 
fund to  the  creditors  of  the  other  partner. 

LIMITED  PAETNEESHIP. 

In  Maine,  Massacliusetts,  New  York,  and  in  most  of  the  states,  lawa 
have  been  enacted  permitting  the  formation  of  limittd  partnerships,  for 
the  transaction  of  mercantile,  manufacturing,  and  mechanical  business, 
by  virtue  of  which  a  person  or  persons,  may  become  interested  in  a  busi- 
ness, by  furnishing  funds  to  carry  it  on,  and  are  not  liable  for  the  debts  lA 
the  firm  beyond  the  amount  of  the  funds  so  contributed.  The  following 
are  the  general  principles  :  — 

General  and  special  parlners.— Such  associations  may  consist  of  one  or 
more  persons,  jointly  and  severally  responsible  as  general  partners  under 
the  common  law  of  partnership  ;  and  of  one  or  more  persons  who  shall 
contribute  a  specific  sum,  in  actual  cash  payment,  as  capital,  but  whose 
personal  liability  Is  limited,  and  who  are  called  special  partners. 

Certijirate.— The  partners  are  required  to  sign  a  true  certificate,  usually 
embracing  nil  the  particulars  contained  in  the  following  form,  viz:. — 

We,  A.  B,,  of J  and  C.  D.,  of ,  do  hereby  certify  that  we  have 

this  day  formed  a  limned  partnership,  for  the  purpose  of  carrying  on  the 

druggist's  business  in ,  under  the  name  and  firm  of  A.  B.  ;  that  said  A. 

B.  is  a  ijeneral  partner,  and  said  C.  D.  is  a  special  partner,  and  has  con- 
tributed in  cash,  the  sum  of dollars,  toward  the  common  stock  of  said 

copartnership      Said  partnership  is  to  continue  years  from  and  after 

the  day  of  the  date  hereof,  and  is  to  terminate  on  the day  of in  the 

year . 

In  witness  whereof  we,  the  said ,  have  severally  sot  our  hands  and 

seals,  this day  of^ ,  in  the  year .  A.  B.  (l.  s.| 

In  presence  of  C.  D.  (l.  s.) 

The  ceriificate  should  be  acknowledged  before  a  magistrate,  or  justice  of 
the  peace,  and  be  recorded  where  the  partners  have  their  principal  place 
of  business,  and  should  also  be  filed  and  recorded  in  all  other  counties, 
where  they  have  a  place  of  business,  and  published  such  length  of  time  in 
one  or  more  newspapers  as  the  statute  of  the  state  may  require  j  and  a 
copy  thereof  certified  by  the  register,  should  be  filed  and  recorded.  If  any 
false  statement  shall  be  made  in  the  certificate,  all  persons  interested  in 
the  partnership  become  liable  as  general  partners. 

Tlie  business  must  be  conducted  by  the  general  partner  only,  in  his  own 
name  ;  but  if  there  be  more  than  three,  all  the  names  are  not  required  to 
appear  in  the  style  of  the  firm.  The  special  partners  must  not  permit  their 
nnines  to  be  used,  nor  make  any  contracts  for  the  partnership.  Legal  pro- 
ceedings must  also  be  entered  into  in  the  name  of  the  general  partner. 

The  rafritil  stock  must  not  be  reduced,  by  withdrawal  or  division  of  interest 
or  profit*",  below  the  amount  stated  in  the  certificate  ;  and  if  at  any  lime  the 
assets  of  the  partneiship  are  insufficient  to  pay  the  debts,  the  special  part- 
uers  will,  as  individuals,  be  held  responsible  to  the  amount  of  all  the  profits 
.ney  mny  have  received,  with  interest  thereon,  from  the  time  they  were 
wiihdrawn. 

JOi'Solwion,  l(r. —  K  limited  partnership  may  be  dissolved  by  a  notice 
thereof,  recorded  and  published  in  the  same  manner  as  the  original  certifi- 
cate, and  may  in  like  manner  be  renewed  or  continued  bejx)nd  the  original 
term  by  recording  and  publishing  a  new  certificate. 

In  all  cases  in  which  special  partners  are  not  exempted  from  liability  by 
a  compliante  wiili  the  conditions  of  the  law  of  limited  partnerships,  they 
become  general  oartners. 

TO  10* 


114      LETTERS    OF   CREDIT. — HUSBAND   AND   WIFE. 

LETTERS  OF  CREBIT. 

New  York,  16th  July,  18—. 
Messrs.  Barraud,  Freres,  bankers.  Parti. 

Gentlemen, —  We  request  the  favor  of  your  furnishing  the  bearer,  Mr. 
George  Ryder,  with  any  cash  that  he  may  require  during  his  stay  in  France, 
to  the  extent  of  si3,000,  (say  three  thousand  dollars,)  taking  his  receipt  for 
the  suras  advanced,  and  placing  the  same  to  our  debit. 
We  refer  lo  our  letter  of  this  date,  per  post,  for  Mr.  Ryder's  signature. 
And  remain,  &c.,  Hardt  &  Cox. 


Boston,  May  1st,  IS—. 
Messrs.  James  Pope  &  Son,  New  Orleans. 

Gentlemen, — I  take  the  liberty  to  introduce  to  your  firm,  the  bearer,  Mr. 
John  Ashton.  Any  selection  he  may  make  of  goods,  to  the  amount  of  fif- 
teen hundred  dollars,  be  pleased  to  advance  on  my  account,  either  against 
his  receipt,  or  his  draft  on  me  to  your  order,  as  may  be  most  agreeable  to 
yourselves.     I  am,  Sec.  T.  Clabk. 

HUSBAND  AND  WIFE. 

Husband's  Interest  in  H'?/"e'j  Personal  Estate. — Marriage  is  an  absolute 
gift  to  the  husband  of  all  the  personal  property,  such  as  money,  goods  and 
chattels,  and  moveables  of  which  the  wife  was  actually  and  beneficially 
possessed  at  the  time  of  marriage  in  her  own  right,  and  of  such  other  goods 
and  personal  property  as  shall  come  to  her  during  the  marriage. 

The  husband  can  therefore  dispose  of  ihe  pergonal  properly  of  his  wife 
as  he  pleases,  and  on  his  death  it  goes  to  his  representatives,  as  being  his 
exclusive  property. 

Of  course,  if  the  wife  before  marriage  has  her  personal  property  properly 
secured  to  her  own  use,  independent  of  her  husband,  or  if  personal  prop- 
erty is  given  to  a  wife  during  marriage,  and  is  properly  secured  lo  her 
own  use,  it  will  remam  her  properly,  and  the  husband  will  have  no  control 
OTer  it. 

Husband's  Interest  in  Debts  due  the  Wife,  termed  Chases  in  Action.— The 
husband  has  only  a  qualified  interest  in  his  wife's  choses  in  action,  which 
term  comprises  debts  owing  lo  her,  arrears  of  rem,  legacies,  re.siduary  per- 
sonal estate,  money  in  the  funds,  &.C.,  and  which  are  due  lo  the  wife  at  the 
time  of,  or  during,  her  marriage. 

The  husband  is  entitled  to  his  wife's  choses  in  action,  only  on  condition 
that  he  reduces  them  into  possession  during  the  continuance  of  the  mar- 
riage ;  for  if  he  happen  to  die  before  his  wife,  without  having  reduced  such 
property  into  possession,  she,  and  not  his  personal  representatives,  will  be 
enti'.led  to  it.  So,  if  the  wife  die  before  the  husband  has  reduced  this  prop- 
erty to  possession,  he  will  be  entitled  to  receive  only  as  her  admiiiistruior, 
and  it  will  be  appropriated  lo  the  payment  of  her  debts,  and  he  will  be 
entitled  only  to  the  balance. 

What  will  amount  to  a  reduction  of  the  wife's  choses  in  action  into  pos- 
session by  the  husband  is  sometimes  a  nice  qitcstion  to  decide.  It  is  well 
settled,  that  if  the  husband  himself,  or  by  attorney,  collects  and  receives  the 
amounts  due,  or  if  he  assigns  the  wife's  choses  in  action  for  a  valuable  con- 
tidnntion,  or  moriftages  them,  or  if  he  recovers  her  debt  by  a  suit  in  his 
own  name,  or  if  he  novates  the  debt  by  taking  new  security  in  his  own 
name,  or  if  he  releases  Ihe  debt;  in  all  Ihese  cases  the  wife's  interest  in  the 
properly  has  ceased. 

A  mere  intention  to  reduce  the  wife's  choses  in  action  into  possession  is 
not  sufficient ;  iieiiher  is  a  voluntarj' assignment  of  them  by  the  husband 
without  consideration  ;  nor  an  assignment  of  the  husband's  estate  under 
the  insolvent  laws,  unless  the  assignee  reduces  them  to  possession  during 
the  nisirriage ;  nor  the  receipt  by  the  husband  of  interest  due  on  wife's 
choses  in  action  during  ihe  marriage.  In  all  these  cases,  the  wife's  right  to 
the  property,  upon  the  death  of  her  husband,  remains. 

If  the  husband  commences  an  action  upon  a  debt  due  his  wife,  in  the 
name  of  himself  and  his  wife,  and  he  dies  pending  the  suit,  the  action  sur- 
vives to  her  ;  if  therefore,  the  hasband  wishes  to  secure  the  debt  to  him- 
self, he  should  commence  the  action  in  his  own  name. 

Courts  of  equity,  whenever  their  aid  is  invoked  by  the  husband  or  hii 


HUSBAND   AND    WIFE.  115 

assignees,  to  enable  him  or  ihem  to  reduce  to  possession  the  wife's  choses 
in  action,  require  the  parly  npplying  to  secure  a  reasonable  portion  of  the 
proceeds  to  the  separate  use  of  the  wife. 

Husband's  Interne  in  Wi/t's  Real  Estate. — As  to  the  real  estate  of  the 
wife,  at  the  time  of  or  during  ihe  marriage,  the  husband  is  entiilcd  to  take 
the  rents  and  profits  ihereot,  durin<'  their  joint  lives.  His  interest  ceases 
with  his  death,  if  the  wife  survive  liiin.  Upon  the  death  of  the  wife,  ihe 
husl)and  surviving,  his  interest  ceases,  and  the  estate  goes  to  her  heirs,  un- 
less the  husband  is  entitled  to  a  life  estate  (herein  as  tenant  by  the  courtesy. 
The  husband  has  a  life  estate  ni  the  real  estate  of  the  wife,  during  his  own 
life,  wlienever  there  has  been  a  child  of  the  marriage  born  alive,  and  he  is 
then  said  to  be  a  tenant  by  the  courtesy.  It  is  sufficient  thai  the  child  be 
born  alive,  though  il  live  but  a  moment. 

The  husband  also  becomes  possessed  of  the  wife's  leases  for  years,  and 
he  may  dispose  of  ihem  as  he  pleases  during  his  life.  If  he  does  not  dis- 
pose of  the  same  during  his  life,  and  his  wife  survive  him,  she  will  be  enti- 
tled to  them. 

Huxbancfs  Liability /or  Wife's  Dehti  be/ore  Marriage.— For  all  debts  owing 
by  the  wife  before  marriage,  Ihe  husband  is  liable  ;*  but  if  ihey  are  not  re- 
covered during  the  marriage,  he  is  discharged,  for  hU  liability  ceases  with 
the  death  of  the  wife.  In  the  application  of  this  rule,  il  makes  no  difl'er- 
ence  wlielherthe  husband  lias,  or  has  not,  received  any  properly  by  his  wife. 

Such  debts,  however,  still  remain  the  debts  of  the  wife,  and  if  she  sur- 
vive her  husband,  she  continues  personally  liable ;  and  if  she  die  before 
her  husband,  her  property  will  be  liable. 

Hushanifs  Liability  to  Main'ain  his  Wife. — The  husband  is  bound  to  pro- 
vide necessaries  suitable  lo  her  situuiion,  and  his  condiiion  in  life  ;  and  if 
he  fails  lo  do  this,  and  she  contracts  debts  for  ihem,  he  will  be  liable  for 
those  debts.  Where  the  wife  is  in  ihe  habit  of  procuring  necessary  arli- 
cles  for  the  family,  the  husband  will  be  liable  for  the  debts  which  she  has 
coniracled  for  that  purpose,  unless  he  shall  give  notice  to  the  contrary,  and 
himself  furnish  her  wilh  necessaries. 

The  husband  is  only  liable  to  furnish  such  necessaries  as  are  suitable  to 
her  situiition,  and  his  condition  in  life  ,  and  his  liability  does  not  extend 
beyond  that. 

If  the  husband  abandons  his  wife,  or  sends  her  away,  or  if  they  separate 
by  consent,  without  any  sufficient  and  suitable  provision  for  her  mainten- 
ance, he  will  be  liable  for  her  necessaries,  and  for  debts  contracted  by  her 
in  procuring  ihem 

If  the  wife  elopes,  and  deserts  her  husband,  he  will  be  no  longer  liable 
for  her  necessaries.  While  the  husband  is  nol  guiliy  of  cruelty,  and  is 
willing  to  provide  her  a  home,  wilh  suitable  necessaries,  he  is  not  bound 
to  furnish  them  elsewhere. 

If  a  wife  who  has  left  her  husband,  conducts  hers<'lf  with  propriety  dur- 
ing her  absence,  and  offers  lo  return  lo  her  husband,  and  he  refuses  to  re- 
ceive her,  it  is  still  an  unsellled  question  whether  he  will  in  such  a  case  be 
liable  for  her  necessaries.  If,  however,  her  elopement  is  accompanied 
with  adultery,  he  is  not  Imund  to  receive  her  back,  and  will  nol  be  liable  for 
her  necessaries,  even  if  she  ofier  to  come  back. 

AH  persons  supplying  lood,  lodging,  und  clothing  to  a  married  woman 
living  separate  from  her  husband,  are  bound  lo  make  inquiries,  and  they 
give  credit  at  iheir  peril. 

Dower  of  the  Wife  in  Husband's  Real  E.<:tate.—  Vpon  the  death  of  the  hus- 
band, his  wife  is  enliiled  to  be  endowed,  for  her  natural  life,  of  ihe  third 
part  of  all  the  lands  whereof  he  was  seized,  at  any  lime  during  the  marnage. 

It  is  not  necessary,  lo  entitle  the  widow  to  dower,  that  ihtt  husband  should 
be  seized  of  the  lands  al  his  decease  ;  il  will  be  sufficient,  if  at  any  time 
during  the  marriage,  he  was  seized,  allhough  he  may  have  conveyed  them 
to  a  third  person  before  his  decease,  provided  the  wife  has  not  relinquished 
her  right  of  dower  in  ihe  same.f 

*  In  Maine  and  New  York  the  husband  is  not  liable  for  his  wife's  debts 
contracted  before  marriage. 

t  In  Vermont,  Connecticut,  Tennessee,  Norlh  Caro.ina,  and  Georgia, 
the  widow  is  only  ent'tled  to  dower  in  lands  whereof  the  husband  died 
seized.  And  in  Maine,  New  Hampshire,  and  Massachusetts,  she  is  not 
entitled  to  dower  in  wild  lands. 


IW 


HUSBAND   AND   WIFE. 


Where  land  is  conveyed  to  the  husband,  and  immediaiely  mortg'aged 
back  to  secure  the  purchase  money,  the  wile  will  not  be  eniiiied  to  dower 
in  the  land  as  against  the  rights  of  the  mortgagee. 

In  nearly  all  of  the  stales,  if  lands  are  held  by  the  husband  as  trustee, 
the  wife  will  not  be  entitled  to  be  endowed  of  them,  unless  the  husband  has 
a  beneficial  interest  therein. 

Where  property  is  mortgaged,  the  wife  is  entitled  to  dower  in  the  hus- 
band's equity  of  redemption.  But  if  she  claims  her  dower,  she  is  bound 
to  contribute  ratably  towards  the  redempiion  of  the  mortgage. 

How  wift^s  right  to  dower  may  be  barred. — A  divorce  from  the  bonds  of 
matrimony  bars  the  wife's  right  to  dower.  But  in  most  of  the  states  pro- 
visions are  made  for  the  wife,  where  a  divorce  is  not  obtained  on  account 
of  her  misconduct,  and  in  some  states  divorce  is  not  a  bar  to  dower,  unless 
caused  by  her  guilt. 

Elopement  of  the  wife,  accompanied  with  the  commission  of  adultery,  is 
sufficient,  in  most  of  the  states,  to  bar  the  wfe  from  dower,  unless  the  hus- 
band becomes  reconciled  to  her.* 

The  wife  may  release  her  dower,  and  it  is  very  common  for  her  to  join 
with  her  husband  in  conveymg  his  (and,  for  that  purpose. 

Fraud  will  annul  marriages. —  Fraud  will  sometimes  be  a  ground  for  an- 
nulling a  marriage ;  but  error  about  ihe  family  or  fortune  of  the  individual, 
though  produced  by  unfair  representations,  will  not  at  all  affect  the  validity 
of  a  marriage.    Marriages  may  be  dissolved  by  death  or  by  divorce. 

Marriages  may  be  dissulved  by  divorce. — Divorces  are  of  two  kinds  ;  from 
the  binds  of  marriage,  and  from  bed  and  board.  The  first  arises  from  some 
of  the  legal  disabilities  already  meiitioned.  Adultery  also  is  a  cause  for 
divorce  from  the  bonds  of  matrimony  ;  so,  also,  in  some  stales,  is  imprison- 
ment for  life,  or  a  certain  term  of  years ;  and  in  a  lew  states,  ill  usage  or 
desertion  is  a  sufficient  cause.  In  a  divorco  from  the  bonds  of  matrimony, 
the  marriage  is  declared  null  and  void,  and  the  parlies,  (or  at  least  the  in- 
nocent one,  where  the  m^irriage  has  been  dissolved  by  reason  of  the  guilt 
of  one  of  the  parlies,)  may  in  general  marry  again. 

A  divorce  from  bei  and  board  is  not  a  dissolution  of  the  marriage,  ena- 
bling the  parties  to  marry  again  ;  but  merely  authorising  and  directing 
them  to  live  separate.  It  is  ordinarily  granted  on  account  of  extreme  cru- 
elly towards,  or  desertion  of,  the  wife  by  the  husband. 

Upon  a  decree  of  divorce,  a  reasonable  provision  is  made,  by  the  court, 
for  the  wife,  out  of  the  husband's  property,  unless  the  divorce  has  been 
caused  by  her  guilt. 

Puwen'of  tlie  husband. —  A  married  woman  has  no  authority  to  make  a 
contract  without  the  authority  or  a^^seiit  of  her  husband,  express  or  implied. 
If  a  wife  sell  or  dispose  of  the  goods  of  the  husiband,  the  sale  is  void  ;  or  if 
she  buy  goods  without  his  consent,  he  is  not  chargeable  with  them.  So, 
also,  a  note,  bill,  or  lea^e,  signed  or  indorsed  by  a  married  woman,  ?>  void. 

If  the  wife  be  injured  in  her  person  or  property,  she  can  tiring  no  action 
for  redres,s,  without  the  concurrence  of  her  husband  ;  neither  can  she  be 
sued,  without  making  the  husband  defendant. 

In  the  civil  and  criminal  trial,  husband  and  wife  are  not  generally  allowed 
to  be  evidences  for  or  against  each  olher,  unless  the  offence  is  lietween  them- 
selves; but  from  this  rule  there  are  several  exceptions.  The  wife  is  ad- 
mitted as  a  witness  against  the  husband  in  an  indictment  for  forcible  ab- 
duction and  ill  marriage  ;  and  in  bigamy,  though  the  first  wife  cannot  be  a 
witness,  the  second  may,  the  second  marriage  being  void. 

Where,  too,  the  husband  has  allowed  the  wife  to  act  as  agent  in  the 
management  of  his  affairs,  or  In  any  particular  business,  the  representa- 
tions and  admissions  of  the  wife,  in  ihe  course  of  such  agency,  are  admis- 
sible in  evidence  against  the  husband.  That,  in  an  action  against  the  hus- 
band, for  board  and  lodging,  wheie  it  appeared  the  bargain  for  the  apart- 
ments had  been  made  by  the  wife,  and  that,  on  a  demand  beiin;  made  for 
the  rent,  she  acknowledged  the  debt,  the  plaintiff  was  held  entitled  to  re- 
cover. So,  also,  the  adinissiini  of  the  \vife,  as  to  an  agreement  for  suckling 
a  child,  was  allowed  to  be  evidence  against  the  husband. 

•  In  New  York,  however,  the  wife  is  not  barred  of  her  dower,  unless 
convicted  of  adultery,  or  divorced,  or  unless  the  husband  shall  have  com- 
menced proceedings  to  obiaiu  a  divorce. 


SEPARATE    RIGHTS    OF    MARRIED   WOMEN.  117 

THE  SEPARATE  EIGHTS  OF  PROPERTY  OF  MARRIED 
WOMEN. 

JVeto  York.  A  married  woman  is  allowed  to  insure  thfi  life  of  her  liusband 
in  her  favor,  or  the  husband  to  insure  his  own  life  In  her  favor,  exempting  the 
amount  from  any  of  his  liabilities.  The  property  owned  by  her  at  the  time  o( 
her  marriage  is  not  subject  to  the  disposal  of  her  husliand,  nor  liable  for  his 
debts.  The  Alt  of  April  11,  1849,  amends  the  previous  Act,  and  permits  a 
married  fumalo  to  take,  by  inheritance,  or  by  gift,  s;rant,  devise,  or  bequest, 
from  any  person  other  than  her  husband,  an(l  hold  to  her  separate  use,  and  con- 
vey and  devise  real  and  personal  property,  and  any  interest  and  estate  therein, 
and  the  rents,  issues  and  profits  thereof,  in  the  same  manner  as  if  she  wore  un- 
married :  not  subject  to  the  disposal  of  her  husband  nor  liable  for  his  debts. 
Trustees  holding  real  or  personal  property  of  a  married  woman,  under  deed  or 
otherwise,  on  her  written  request,  accompanied  by  a  certificate  of  the  Justice  of 
the  Suprnmo  Court,  shall  convey  to  such  married  woman  the  whole  or  any 
part  thereof,  for  her  sole  and  separate  use.  All  contracts  made  between  per 
sons  in  contemplation  of  marriage,  shall  remain  in  full  force  afler  such  mar- 
riage takes  place. 

Maine.  Act  ,t  nu:;asc  a,  i817,  authorizes  any  married  woman  to  become 
seized  ur  possessed  of  any  property,  real  or  personal,  by  direct  bequest,  devise, 
gift,  purchase,  or  distribution,  in  her  own  name,  and  as  of  her  own  property, 
exempt  from  the  debts  or  contracts  of  her  husband,  unless  it  shall  appear  that 
such  property  was  purchased  with  the  propeity  of  her  husband.  An  act  of 
August  10,  1846,  gives  her  the  remedies  appropriated  to  the  defence  of  those 
rights. 

JVeio  Hampshire.  Act  of  June  27,  1845,  enables  a  married  woman  of  twen- 
ty-one years  and  upwards,  to  devise  her  rral  estate,  saving  the  husband's  rights, 
"acquired  in  any  estate  so  devised  by  virtue  of  the  marriage  contract." 

Act  of  July  10,  1846,  allows  ante-nuptial  contracts  or  conveyances,  reserv- 
ing to  the  wife  all  or  a  part  of  her  real  or  personal  estate,  which,  when  relat- 
ing to  real  estate,  must  be  recorded  in  the  registry  of  deeds. 

yermnnt.  Act  of  November  2,  184G,  makes  the  wife  of  any  man  confinod 
in  the  State  prison,  a  feme  sole*  as  to  the  rights  of  the  action  arising  since  his 
sentence. 

Act  i)f  November  15,  1847,  exempts  the  rents  and  profits  of  wife's  real  es- 
tate, acquired  6c/ore  or  rfurtnif  coverture  ,t  from  execution  for  her  husband's 
sole  debts,  and  enables  married  women  to  devise. 

JUassacAusftts.  Act  of  May  5,  1855.  The  real  and  personal  property  of 
any  married  woman,  and  th«  interest  accruing  (mm  the  same,  shall  not  be 
subject  to  the  disposal  of  her  husband,  or  liable  for  his  debtp. 

The  husband  shall  not  be  liable  for  the  debts  of  wile  contracted  before 
marriage. 

A  married  woman  may  bargain,  sell,  and  convey  her  real  nnd  personal 
properly,  the  same  as  if  she  were  single.  But  no  conveyance  of  real  [iroperty 
(except  a  lease  or  a  trrni  not  exceeding  one  year,)  nor  conveyance  of  shires 
in  a  corporation,  shall  be  valid  without  the  consent  of  her  husbnn<l  in  writing. 

A  man  led  woman,  in  relation  to  her  own  property,  may  sue  and  bo  sued, 
as  if  she  were  single. 

Any  married  woman  may  make  a  will ;  hut  such  will  shall  not  deprive  her 
husband  of  his  rights  as  tenant  by  the  courte^iy  :  and  she  shall  not  bequeath 
away  from  him  more  than  one  half  ol  hi-r  personal  property. 

Any  married  woman  mav  carry  on  any  trade  or  business,  or  perform  any 
labor  or  services  on  her  sole  account;  and  such  earnings  may  be  inverted  in 
her  own  name,  and  she  may  sue  and  be  sued  in  regard  to  such  trade  or  busi- 
ness. 

Rhode  hland.  Laws  of  1S48,  allow  insurance  for  the  benefit  of  a  married 
wumaii,  with  the  usual  exemptions  from  the  husband's  liabilities. 

Connecticvt.    The  Revised  Statutes  of  1S49,  exempt  the  interest  of  a  ranr- 


po 


*  Feme  sole,  is  a  single  woman  ;  /fwe  covert,  a  married  woman. 

t  Coverture,  as  applied  to  a  married  woman,  under  the  protection  and 

•weruflierhusbund 


118  SEPARATE    RIGHTS    OF    MARRIED    WOMEN 


ried  woman  in  real  estate,  owned  before  or  acquired  in  any  way  after  cover- 
ture, from  execution  against  the  husband, during  herlife  orthaiof  theirchil- 
dren,  saving  all  contracts  prior  to  July  1,  1S45.  Sec.  8  allows  payment  of  her 
wages  to  a  man  ted  woman,  and  makes  receipt  to  her  valid.  Alarried  women 
are  enabled  to  dispose  of  their  property,  real  and  ptrsonul,  by  «ill,  "  in  the 
same  manner  as  other  persons."  Wife  abandoned  by  her  husband  may  do 
business  and  have  control  of  her  own  property. 

Pennsylvania.  The  act  of  April  11,  J848,  provides  that  every  species  of 
properly,  real,  person:il,  or  mixed,  belonging  to  a  woman  before,  or  accruing 
in  any  way  alter  marriage,  shall  bo  owned  as  her  separate  property  ;  shall  be 
exempt  from  execution  for  her  husband's  lialiilitiej  and  shall  not  be  conveyed 
or  mortgaged  without  her  consent,  provided  the  husband  shall  not  be  liable 
for  hor  debts,  contracted  before  marriage,  and  provided  that  her  properly  shall 
be  liable  for  her  debts,  and  on  judgment  against  him  for  wrong  or  injury. 

Sec.  7  enables  any  married  woman  to  dispose  of  any  property  by  will,  with 
two  witnesses,  neither  of  whom  is  her  husband.  Sec.  10  specially  exempts 
the  husband's  right  by  courtesy. 

Ohio.  Act  of  February  28,  184f),  exempts  the  interest  of  a  husband  in  his 
wife's  real  estate  from  execution  for  his  debts  during  her  life  or  the  llvtsof 
their  issue.  Sec.  3  exempts  from  execution  a  husliand's  ligbi  to  any  choses 
in  action,  demand,  or  legacy  of  the  wife,  unless  reduced  to  possession. 

Kentucky  cxempls  the  properly,  real,  personal,  or  mixed,  of  any  married 
woman  abandoned  by  her  husband,  and  living  sepHrate  from  him,  acquired  by 
her  labor  or  otherwise,  Irom  his  debts  ;  enables  her  to  hold  it,  and  to  be  party 
to  any  action  or  suit  necessary  to  harrignw.  .■V-.jt  oi'  t'e.iruary  23,  ]84(!  makes 
the  slaves  of  a  married  woman  real  estate,  so  far  as  respects  liability  for  the 
husband's  debts.  Sec.  3  exempts  her  real  estate,  acquired  in  any  way  before 
or  after  marriage,  from  liability  f<!r  his  debts. 

Tmnessee.  Act  of  October  18,  ]8-^.'>,  makes  it  unlawful  for  an  officer  to 
levy  on  any  property  acquired  by  the  labor  of  the  wife,  or  devised  or  given  to 
her,  where  her  husband  has  abandoned  her,  or  she  lives  separate  from  biiu  in 
consequence  of  ill  treatment. 

Indiana.  Act  of  January  23,  1847,  exempts  all  real  estate,  acquired  before 
or  after  marriage,  of  a  married  woman  from  liability  (or  the  husband's  debts, 
but  the  same  and  its  profits  are  declared  to  be  her  separate  property,  saving 
debts  previously  contracted  by  her.  Act  of  January  26,  1847,  enables  mar- 
ried women  to  devise  their  real  estate. 

Illinois.  The  Revised  Statutes  of  1844 — 5,h11ow  married  women  to  dispose 
of  their  separate  estate,  real  nnn  perstmal,  by  will. 

Michigan.  The  Revised  Statutes  of  1846  authorize  any  married  woman  to 
dispose  of  any  properly  held  by  her  by  will.  Chap.  85  makes  simil  ii  provi- 
gions  to  those  of  Massachusetts  for  sale  of  wife's  propeny  in  case  of  abandon- 
ment, and  for  power  to  contract  and  sue  Sec.  25  provides  that  any  property, 
real  or  personal,  of  a  married  woman,  acquired  before  or  after  marriage,  shall 
be  and  continue  her  real  and  personal  estate  "to  the  same  extent  as  before 
marriage." 

Missouri.  Act  of  March  5, 1849,  exempts  from  execution,  for  debts  contract- 
ed before  marriage,  property  of  a  married  woman  owned  liefnre  or  acquired 
after  marria'je  ;  and  also  extwplt  the  hvsbavd^s  proptity  frum  thewije'g  prior 
debts:  Sec.  3  specially  exempts  the  wile's  properly  from  debts  incurred  by 
the  husband  as  security. 

fyisconsin.  The  real  estate  of  any  female  row  married,  and  the  real  and 
personal  property  of  any  female  hereafYer  married,  or  acquired  after  marriage, 
■8  made  her  sole  and  separate  properly,  "  as  if  she  were  a  single  female." 

Texas.  Act  of  March  13,  1818,  provides  that  every  female  marrying  under 
twenty-one  shall,  from  the  time  of  marriage,  he  deemed  of  full  age.  Sec.  2 
makes  all  the  property,  teal  and  personal,  of  the  husband  owned  before  or  ac- 
quired after  m.irringe  6y  wi/t,  rfcri^e,  or  descent,  his  separate  property  !  and 
mikes  an  aiiilogou^  provision  in  favor  of  the  wife  ;  "  provided,  that,  during 
the  marriage,  the  husband  -hall  have  the  sole  management  of  all  such  proper- 
ty." Sec  3  makes  all  property  acquired  by  either  after  marriage,  except  by 
gift,  devise,  or  descent,  their  co^nmon  property,  with  remainder  to  the  survi- 
vor, if  there  be  no  children,  and  one  half  to  each  if  there  be  a  child.  By  sec- 
tion four  husband  and  wife  are  suable  jointly  for  necessaiiei  furnished  herieir 
or  children. 


attorney's  fees.  119 

COMPENSATION   OF  ATTORNEYS. 

The  following  Rates  of  Compensation  were  adopt- 
ed a  few  years  ago  by  the  Boston  Suffolk  Bar,  and 
though  not  at  present  obligatory,  are  still  adhered  to 
by  many  Attorneys.  They  probably  do  not  differ  ma- 
terially from  the  rates  of  compensation  charged  by  At- 
torneys in  other  cities. 

Advice  or  comultation.  For  advising,  when  the  property  in  dispute  ex- 
ceeds 100  dollars,  and  does  not  exceed  500  dollars,  not  less  than  $4  j  for  ad- 
vising when  tlie  property  exceeds  500  dollars,  not  less  than  $5 

Draflivg  of  legal  instrumtnts.  The  compensations  in  these  cases  do  not 
admit  of  any  precise  rule.  The  service  to  be  compensated  is  compounded 
of  professional  advice  and  knowledge,  and  the  labor  of  applying  them  in 
writing  to  each  particular  case. 

LeUers  before  suit.  For  a  letter  demanding  payment,  under  500  dollars, 
$2  ;  above  500  dollars,  $3. 

Writs,  l^c.  adtiiiing  and  commencing  the  action.  Where  the  demand  or 
cause  of  action  does  not  exceed  100  dollars,  §3  ;  where  the  demand  or  cause 
of  action  exceeds  100  dollars,  and  not  500  dollars,  $4  ;  where  the  demand 
or  cause  of  action  exceeds  500  dollars,  $5. 

Tivstee  Process,  advising,  l^c.  One  dollar  in  addition  to  each  of  the  sums 
chargeaole  as  above  for  common  writs,  that  is,  four,  five,  and  six  dollars, 
instead  of  three,  four  and  five. 

These  charges  are  to  be  made  when  the  action  is  settled  before  entry,  and 
are  to  be  paid  together  with  the  sheriff's  fees. 

In  addition  to  these  charges,  the  plaintifl''s  attorney  or  counsellor  will 
charge  his  fees  for  advice„if  tlie  case  be  such  as  to  authorize  such  charge 
to  the  plainliff. 

Court  of  Common  Pleas.  For  plaintiff's  counsel  or  attorney.  If  he  prevails, 
the  counsel  or  attornejr  is  to  charge  the  plainliff  with  the  bill  of  cosis,  ana 
give  him  credit  for  it,  if  it  be  received  from  ihe  defendant,  or  on  execution. 

He  is  also  to  charge  the  fees  for  arguing  the  cause,  if  argued  either  to 
the  court  or  jury. 

If  the  plaintiff  does  not  prevail  in  the  suit,  his  counsel  or  attorney  is  to 
charge  the  writ  according  to  the  rates  before  stated,  and  all  sums  of  money 
paid  for  the  plaintiff  in  carr)'ing  on  the  suit.  He  is  also  to  charge  a  term  fee 
{breach  term.  In  cases  not  exceeding  100  dollars,  Si3 ;  exceeding  100  dol- 
lars and  not  exceeding  500  dollars.  8'» ;  exceeding  500  dollars,  S5. 

If  the  cause  be  argued  to  the  court  or  jury,  the  arguing  fee  is  to  be  charg- 
ed for  the  term  at  which  ihe  argument  look  place,  in.?tead  of  the  term  fee. 

In  cases  where  several  actions  are  brought  on  one  and  the  same  title,  or 
on  the  same  policy  of  assurance,  or  other  like  cases,  in  which  all  are  gov- 
erned by  the  decision  of  one,  or  more,  either  term  fees  or  half  term  fce« 
may  be  charged  at  discretion,  in  such  actions  as  are  not  tried  or  argued. 

For  defendant's  counsel  or  atiomey.  Where  the  defendant  prevails,  his 
counselor  attorney  is  to  charge  the  bill  of  costs  recovered  against  ihe  plain- 
tiff, and  in  addition  thereto,  term  fees  as  before  stated,  excepting  the  term 
when  the  cause  is  argued  to  the  court  or  jury,  when  the  arguing  fee  is  to 
be  charged  instead  of  a  term  fee. 

But  when  ihe  costs  cannot  be  obtained  of  the  plaintiff,  the  defendant's 
counsel  may  charge  either  the  bill  of  costs  and  arguing  fee  only,  or  the  term 
fees  and  arguing  fee  only,  at  his  option. 

If  the  defendant  does  not  prevail,  his  counsel  or  attorney  is  to  charge  him 
terna  fees,  as  aforesaid,  for  each  term.  If  ihe  cause  be  argued,  the  arguing 
fee  is  to  be  subslituied  for  the  Icrm  fee  at  the  term  when  ihe  argument  is 
had.  • 

For  arguing  a  case  in  the  common  pleas,  not  less  than  $10 ;  for  inistce's 
answer,  *c.,  where  he  has  no  effect",  #.3  :  where  he  has  effects  exce<!diug 
100  dollars,  $5 ;  for  a  surrender  of  principal  by  bail,  &c.,  f  6. 


120 


ATTORNEY  S   FEES. 


Suprrwe  Judicial  Coitrt,  For  plaivttff's  eouvsel  or  attorney.  Wien  the 
plaiiiiiff  prevails,  the  counselor  Httorney  is  to  charge  the  bills  of  costs  in  the 
court  of  common  pleas,  and  in  the  supreme  court,  and  fees  of  arguing  to 
the  court  or  jury,  or  both,  as  the  case  may  be. 

When  the  plaintiff  does  not  prevail,  the  counsel  or  attorney  is  to  charge 
the  sums  paid  in  the  prosecution  of  the  suit,  and  term  fees,  double  the 
amount  chargeable  as  term  fees  in  the  common  pleas,  and  also  the  fees  of 
arguing  the  cause  either  to  the  court  or  jury,  or  both,  as  the  case  may  be. 

DefindanVs  caunsd  or  attorney.  When  the  defendant  prevails,  the  coun- 
sel or  attorney  is  to  charge  the  bill  of  costs  and  the  fees  for  arguing  the 
cause  to  the  court  or  jury,  or  both,  as  the  case  may  be,  and  term  fees 
double  the  amount  chargeable  in  the  court  of  common  pleas. 

When  the  costs  cannot  be  obtained  from  the  plaintiff,  the  defendant's 
counsel  may  charge  the  bill  of  costs  and  arguing  fee  only,  or  the  term  fees 
and  arguing  fees  only,  at  his  discretion. 

When  the  defendant  does  not  prevail,  the  counsel  or  attorney  is  to  charge 
term  fees  double  the  amount  chargeable  as  term  fees  in  the  common 
pleas,  and  instead  of  term  fee,  the  fees  of  arguing  at  the  terra  when 
argument  is  had. 

For  arguing  a  cause  to  the  jury  in  the  supreme  judicial  court,  for  plain- 
tiff or  defendant,  not  less  than  .«i20  ;  for  arguing  a  question  to  the  court,  for 
plaintiff  or  defendant,  not  less  than  $20;  but  M'hen  the  matter  in  dispute 
does  not  exceed  100  dollars  in  value,  the  counsel  shall  charge  for  arguing 
the  cause  what  they  shall  deem  a  reasonable  compensation  ;  for  divorce, 
for  naturalization,  for  process  of  partition,  not  less  than  $20,  exclusive  of 
clerk's  dues. 

References^  ^c.  In  all  arbitrations,  and  in  references  entered  into  in  the 
supreme  judicial  court  and  court  of  common  pleas,  and  rules  entered  into 
before  a  justice  of  the  peace,  the  compensation  is  to  be  regulated  according 
to  the  rate  of  fees  established  as  to  the  courts  of  common  pleas  and  the  su- 
preme court,  as  to  arguing  cases  ;  and  for  the  advice  and  preparation  for 
the  hearing,  a  reasonable  charge  to  be  made,  according  to  the  spirit  of  these 
rules.    • 

After  the  term  when  a  cause  is  referred,  and  before  the  term  when  the 
report  is  made,  the  counsel  or  attorney  of  the  plaintiff,  and  the  counsel  or 
the  attorney  of  the  defendant,  shall  charge  half  term  fees  only. 

CuUrctiiig  money.  For  attention  and  responsilnllty  of  the  attorney  or 
counsel  in  effecting  a  settlement  with  the  debtor  before  judgment,  and  ob- 
taining the  money  due,  or  far  obtaining  execution  and  coinmiiting  the  same 
to  a  proper  officer,  and  receiving  the  money  from  him  or  from  the  debtor, 
and  paying  the  same  over  to  the  creditor,  when  the  amount  does  not  ex- 
ceed one  thousand  dollars,  a  commission  of  two  and  one  half  per  cent,  is 
to  be  charged,  and  for  every  hundred  dollars  above  one  thousand  dollars,  a 
commission  of  one  dollar. 

When  mortgaged  premises  are  sued  for,  and  the  money  is  paid,  the  like 
rate  of  commission  is  to  be  charged  ;  but  if  the  demandant  receives  his 
writ  to  take  possession,  or  when  the  judgment  recovered  is  to  be  satisfied 
by  a  levy  on  real  estate,  a  reasonable  compensation  shall  be  charged  and 
received. 

If  the  plaintiff  thinks  fit  to  take  the  execution  from  the  attorney  or  coun- 
sel, and  disposes  of  the  same  himself,  he  shall  be  charged  and  required  to 
pay  the  same  per  centage  as  if  the  attorney  had  collected  the  money,  or 
done  other  duty  as  to  the  execution,  which  would  entitle  him  to  a  commis- 
sion, accordmg  to  the  foregoing  provisions. 

Where  money  is  collected  for  a  client,  who  lives  out  of  the  Common- 
wealth, a  commission  of  three  per  cent,  shall  be  charged  to  him  upon  the 
amount  received. 

When  the  plaintiff  cannot  obtain  any  benefit  from  his  suit,  the  counsel  or 
attorney  may  charge  the  bill  of  costs  only. 

These  rules  arelfctended  to  establish  the  lowest  compensation,  and  not 
to  restrict  gentlemen  from  taking  higher  compensation  m  cases  of  difficulty 
or  magnitude  ;  and  these  rules  are  not  to  apply  to  cases  not  exceeding 
twenty  dollars 


IMPROVED  EDITION  OF  THE 

LANDLORD'S  &  TENANT'S 

ASSISTANT, 

CONTAINING 

THE  lEGAL  RIGHTS,  DUTIES,  AITD  LIABILITIES 
OF  LANDLORDS  AND  TENANTS; 

THE 
RULES   OF   LAW  ON   THE   SUBJECT   OF  DIVISION   FENCES' PAR- 
TITION  WALLS NUISANCES ANCIENT   LIGHTS HIGH- 
WAYS  PRIVATE   WAYS RUNNING   WATER,    &C.  ;      , 

AND  A 

SELECTION    OF     LEASES, 

AGREEMENTS ASSIGNMENTS  OF  DO. SURRENDERS  OF  DO. 

landlord's  and  tenant's  NOTICES  TO  QUIT,  &C.  ; 
WITH    THE 

STATUTE     LAWS 

OF   SEVENTEEN     STATES     tN    RELATION    TO   TENANCIES,     HOLDING 
OVER,  COLLECTING  RENT,  NOTICES  TO  QUIT,  AND  EJECTMENT. 

No  Landlord  or  TenaDt  should  be  withont  this  Woi       ■•:■ 


By    I.    R.    BUTTS, 

Author  of  the  "  Buainesa  Han's  Assistant," —"  Trader's  Guide,"—  "  Merchant  Shipper 
and  Common  Carrier's  Assistant," — "  Lairs  of  the  Sea,"  &c> 

SOLD  BY  AGENTS.— AGENTS  SUPPLIED  BY 

I.    R.   BUTTS,  2  School  Street,  Boston. 
H.    LONG    &   BRO.  121  Nassau  Street,  New  York. 

1856. 


ADDENDA. 

Late  Decisions. 

Where  a  house  was  let  for  five  years,  at  a  rent  of  #1400  a  year,  with  a  pro- 
viso, that  either  party  might  terminate  the  lease  by  giving  ibe  other  parly  fix 
months'  notice  in  writing,  it  was  held  that  the  six  months'  noiice  by  either 
party  to  terminate  the  lease,  must  be  so  given  as  to  expire  at  the  end  of  a  year 
of  the  term.    5  Cusbi  ng,  99. 

An  assignment  of  m  estate  by  a  tenant  at  will  terminates  the  tenancy.  6 
Gushing,  87. 

A  tenancy  at  will,  under  a  verbal  lease,  dependent  on  a  condition,  is  termi- 
nated by  a  breaclr  thereof,  neither  party  being  entitled  to  notice  ;  and  if  the  ten- 
ant holds  over  he  i  s  a  tenant  at  sufferance.    5  Gushing,  133. 

On  the  sale  of  an  estate,  by  the  Landlord,  the  tenancy  at  will  is  terminated, 
and  the  tenant  is  not  entitled  to  notice.—  It  may  be  said,  that  if  a  landlord  is 
desirous  of  speedily  getting  rid  of  a  teiianl,  he  may  convey  away  his  estate, 
and  the  purchaser  may  then  enter,  or  have  the  summary  process  provided  by 
statute,  without  giving  the  three  months' notice.  If  this  should  be  done  col- 
orably  or  fraudulently,  without  any  intent  to  alienate,  it  might,  like  other  frau- 
dulent and  colorable  acts,  be  held  void.  But  if  the  landlord  at  will  does  in  fact 
alienate,  it  is  clear,  that  by  operation  of  law  the  tenancy  is  at  an  end.  It  is  a 
well  established  rule  of  law,  that  upon  the  conveyance  of  an  estate  the  tenan- 
cy at  will  must  terminate.  The  alienee  does  not  become  the  landlord  at  will 
of  the  former  tenant  at  will,  nor  does  the  tenant  at  will  become  tenant  to 
the  alienee.  Who  then  would  be  entiled  to  recover  rent  of  the  tenant  ?  Not 
the  alienee  who  has  become  the  owner,  nor  the  alienor  who  has  parted  with 
all  his  interest,  and  ceased  to  be  landlord.    5  Gushing,  55'). 

If  the  tenant  is  evicted,  (that  is,  turned  out,)  from  the  premises  by  a  superior 
title,  (that  is,  by  sale  of  the  estate,  orotherwise,)  before  the  rem  is  due,  he  will 
be  discharged  from  the  whole  rent.  fSee  further  on  the  same  subject  at 
pages  10  a  nd  52.] 

A  tenant  must  pay  rentforthe  whole  term,  though  the  house  be  blown  down, 
•  destroyed  by  fire,  or  abandoned  on  account  of  a  filthy  nuisance,  destructive 
to  the  health  of  the  family.  There  is  no  contract,  still  less  a  condition,  implied 
by  law,  on  the  leasing  of  real  property,  that  it  is  fit  for  the  purpose  for  which  it 
is  let,  or  iffit  that  it  shall  continue  so.    Mass.  Dec      See  also  pp  39  to  41. 

In  a  tenancy  at  will,  where  the  rent  is  payable  monthly,  a  month's  notice 
must  be  given  to  quit  at  the  expiration  of  a  month  from  ihe  day  when  the  rent 
is  payable.  Mass.  Dec.  (The  same  rule  is  applied  when  the  rent  is  payable 
■weekly  or  quarterly.]  Unless  a  month's  notice  is  given  to  quit  at  the  expira- 
tion of  a  month  from  the  day  when  the  rent  is  payable,  the  notice  is  insuffi- 
cient.   Mass  Dee. 


This  work  is  divided  into  Four  Parts,  as  follows : — 
1. — The  Common  Law  relating  to  Landlord  and  Tenant. 
2. — The  Com.mon  Law  in  Relation  to  Division  Fences, 

Walls,  Nuisances,  Private  Ways,  etc. 
3. — The  State  Laws  relating  to  Landlord  and  Tenant. 
4. — Forms  of  Leases,   Guarantees,  Assignments,  Sur- 
renders, Notices  to  Quit,  etc.,  etc. 


Entered,  according  to  Act  of  Congress,  in  the  year  1848,     ' 
BY    I.    R.    BUTTS, 
in  the  Clerk's  Office  ofthe  District  Court  of  the  District  of  Massachusetts. 


CONTENTS. 


DIRECTIONS  TO  THE  READER. 

|The  first  part  of  this  work  is  occupied  with  a  statement  of  the  Rights 
ANO  LiABiLiTiKs  OF  LANDLORD  AND  Tknant  Under  the  Common 
law,  which  prevails  in  all  the  States,  excepting  Louisiana,  where  the 
civil  law  obtains.  To  ascertain  the  law  respecting  any  question  that 
may  arise,  first  examine  the  principles  of  the  common  law  as  here 
stated,  then  turn  to  the  statutes  of  your  own  State  (which  will  be 
found  in  the  last  part  of  this  work,)  and  see  if  there  is  any  statute  law 
affecting  the  subject,  if  not,  follow  the  common  law, — if  there  is, 
follow  the  regulation  of  tlie  statute.] 


INTRODUCTION. 


A  Tenancy  from  Year  to  Year 
A  Tenancy  at  Will  . 
A  Tenancy  at  Suffurunce 
Rooms  and  Apartments    . 


Page  I  Page 

.    5  Repairs      ....                 .9 

.    6     Water ib. 

.     7  Waste, — Voluntary  or  Permissive,    ib. 
.  ib. 


CHAPTER  I. 

THE    COMMON   LAW    RELATING    TO   LANDLORD   AND   TENANT 


The  Tenancy  how  Crcgted  .  .11 
Tenancy  liy  Agreement  .  .  .  ib. 
Tenancy  liy  Implication  .  .  .19 
Tenancy  by  Holding  over  the  Term  13 
Joint,  or  Tenants  in  common    .        .  ib. 

Leaso 14 

By  whom  Lease  may  be  made  .  15 

To  whom  the  Lease  may  he  made  .  16 
Leases  may  be  made  by  power  of 

.  ifc. 

.  17 

.  ib. 

.  ib. 

.  ib. 

.  18 

.  .*. 


Attorney 
Entry  of  Lessee         .         . 
Names  of  Parties  to  a  Lease 
The  Date  of  a  Lease 
The  Form  of  Seal    . 
Witnesses  to  the  execution 
Covenants  in  a  Lease 
The  Lessee  covenants  to  pay  rent  ib. 
To  pay  or  cause  to  be  paid  all 

taxes ib. 

To  repair ib. 

Not  to  commit  waste  .  .  .19 
Not  to  assign  or  underlet,  &c.  .  ib. 
Not  to  carry  on  a  particular  trade, 

4.C 20 

To  surrender  at  the  end  of  tlie 

term ib. 

As  to  the  nianagcmcDt  of  farms  .  ib. 
Usual  covenants  .  .  .  .  ib. 
Implied  covenants  .  .  ,31, 
The  landlord  covenants  to  indem- 
nify against  incumbrances  ,  ib. 
Rent  to  cense  in  cose  of  fire  or 

other  casualty     ....  ib. 
Covenant  for  quiet  enjoyment  by 

the  landlord        ,        .        ,        .  ii. 
To  pay  taxes  and  asscnments       .  t6. 
Words   usually   made  use  of  in  a 

Lease ib. 

Commencement  of  the  Term,  .  22 


Continuance  of  the  Term        .        ,  ib. 

Taxes £3 

The  Parcels tft. 

Reservation  of  Rent         .        ,        .24 

Premises  destroyed  by  Fire,  or  other 
Casualty 25 

Tenancy  how  Dissolved  .        .        .  ib. 

Dissolution  of  Tenancy  by  Forfeit- 
ure    ..        ,  ...  27 

Waiver  of  Forfeiture        ,        ,        .28 

Dissolution  of  Tenancy  by  Surren* 
der 1  ib. 

Notice  to  quit  by  Landlord      .        .  29 

Notice  to  quit  by  Tenant.         .        .  31 

Form  and  service  of  Notice     .        .  ib. 

Condition  of  Parties  at  the  End  of  a 
Notice  to  quit,  and  on  Holding 
over ;i3 

When  Notice  to  Q,uit  by  Tenant  is 
Unnecessary 33 

Tenant's  Right  of  Egress  and  Re- 
gress       34 

Emblements ib. 

Rights  and  Liabilities  of  Outgoing 
Tenants 35 

Landlord's  Fixtures         .        ,        .36 

Tenant's  or  Domestic  Fixtures        ,  ib. 

Trade  Fixtures  .        .        .        ,37 

Farm  Fixtures  ,        .        ,        ,38 

Heir  or  Executor's  Right  to  Fix- 
tures  

Repairs,  by  whom  to  be  made  when 
Letting  is  by  Written  Lease 

Implied  Covenants  on  the  part  of  the 
Lessee  to  Repair  ,        .        .        . 

Express  Covenants  and  Agreements 
to  Repair       .        .        .        .        . 

Covenants  respecting  Water    . 

Wast*       .       . 


ir 


CONTENTS. 


Page 

Assignment 46 

Assignee  of  the  Reversion  .  .  47 
Assignee  of  the  Term  .  .  .48 
Bankruptcy  of  Tenant  .  .  .  ib. 
Distress  lor  Rent  .  .  .  .  ib. 
Landlord's  Remedy  by  Action  of 
Debt,  Covenant  and  Waste  .        .  49 

Landlord's     Reucdies    aoairst 
THE  Tenant     .        .        .        .50 
Uec  and  Occupation      .        .        .  ib. 

Forfeiture ib. 

Waiver ii. 


Repairs  .        .        . 

Insurance      .        .        . 
WJisto   .... 
Assigning  or  (Jndorlotting 
Ciiitying  on  a  Trade     . 
Buildings .     . 
Non  payment  of  Rent  . 


Page 
50 
.  51 
.  ib. 
.  ib 
.  ib. 
.  ib. 
.  ib. 


Tenant's  Remedies  against  the 
Landlodd  .        .  59 

Use  and  Occupation      .        .       _•  ib. 

Conditional  Renting,  and  condi- 
tion not  performed     .       .        .  ib. 


CHAPTER  II. 


LAWS    IN    RELATION    TO    DIVISION    FENCES,  TARTY    WALLS, 
NUISANCES,  AND    EASEMENTS. 


Division  Fences 

53 

Corrupt  Air 

,  60 

Party  Walls 

56 

Nuisances  to  Lands 

.  61 

Of  Nuisances  and  othek  Injo 

Public  Nuisances 

.  ib. 

RIES  TO  THE  POSSESSION 

57 

Abatement  of  Nuisances 

.  62 

Who  may  Sue  for  Damages  occa 

Negligence    . 

.  63 

sioned  by  a  Nuisance  ? 

ib. 

Of  Private  Wats 

.  64 

Against  whom  an   action  of  Nui 

By  Grant 

.  ib 

sance  may  be  brought 
What  are  Nuisances?   . 

ib. 

By  Prescription     . 

.  65 

59 

By  Necessity  • 

.  66 

Nuisances  to  houses      .        . 

ib. 

Highway 

.       .  ib. 

Overhanging 

ib. 

Running  Water    . 

.  ib. 

Ancient  Lights     .        .        .        . 

U>. 

Priority  of  Occupancy 

.       .  67 

CHAPTER  m. 


THE  STATUTE    LAWS  RELATING   TO   LANDLORD  AND  TENANT. 


Maine,  Statutes  of 
New  Hampshire, 
Vermont,.        . 
Massachusetts, 
Rhode  Island,    . 
Connecticut,      . 
New  York, 
New  Jersey, 
Pennsylvania, 
Maryland 


South  Carolina         .       .       .        .88 

Louisiana 89 

Missouri, 93 

Lairs  of  city  of  St.  Louis,      .        .  94 

Illinois 94 

Indiana 95 

Wisconsin, 96 

Ohio, 96 

Michigan, 98 

Iowa, 98 


CHAPTER  IV. 

FORMS    OF    LEASES,   AGREEMENTS,    ETC. 


Agreement  for  a  Lease  .  .  .99 
Short  Lease  of  a  House,  or  Store,  ib. 
Short  Lease  of  Two  Rooms,  with 

Privileges 100 

Guarantee  for  the  Payment  of  Rent  ib. 
Lease  of  a  House,  or  Store,  .  ib. 
Guarantee  for  the  Payment  ofRcnt  lOI 
Lease  of  Furniture,  ot  Goods,  '  .  ib. 
An  Unexceptionable  Lease, '.  .  102 
Guarantee  for  ^i^ymont  of  Rent  .  103 
Lease  of  a  Farm  oSvharcs     .        ,    ib. 


Forms  of  Special  Covenants  .  .  105 
Notice  to  Q,tut  —  by  the  Landlord .  107 
Notice  to  Cluit  —  by  the  Tenant  .  ib. 
Notice  to  Quit  by  Landlord  on  Non- 
payment of  Rent  .  .  .  ib. 
Notice  to  Quit  the  Premises,  or  Pay 

Double  Rent        ....     ib. 
Assignment  of  Lease,  to  be  endorsed 

on  the  Lease        .        .        .        ,    ib. 
Assignment  of  Lease      .        .        .  lOS 
Surrender  of  a  Lease  by  endorsement 
on  the  Lease  ,  ibt 


INTRODUCTION. 


The  relation  hetween  Landlord  and  Tenant  exists  wherever 
there  is  a  contract  for  the  pofsessictn  and  profiis  ol  lands,  or  ten- 
ements, tor  a  deterniinuie  period,  on  the  one  side;  and  a  re- 
compense by  payment  of  rent,  or  some  reciprocal  consideration, 
on  the  otiier. 

The  contract  is  called  a  Lease  or  Demise;  and  is  a  species  of 
conveyance  to  a  perstm  either  fur  one  tlioosand,  one  liundred, 
ten,  or  any  other  number  of  years,  months  or  days.  A  ny  words 
are  sufficient  which  explain  the  intents  of  the  parties  ;  and  whe- 
ther such  words  run  in  the  forin«»f  a  license,  covenant,  or  agree- 
ment, they  will,  in  consiructioti  ot  the  law,  amount  to  a  leuse  as 
effectually  as  if  the  most  proper  and  pertinent  wordb  had  been 
used  for  the  purpose. 

A  Tenancy  fuom  Year  to  Year 

Occurs  where  the  premises  are  let  without  any  limitation  as 
to  the  time  the  tenant  is  to  occupy  them.  'I'his  species  of  es- 
tate, in  olden  times,  was  called  a  tenancy  at  will,  (rom  theliact 
that  it  uii<;ht  he  put  an  end  to  at  any  time  by  either  party. 
The  inconvenience  and  injustice  of  suffering  the  estate  to  iw  de ! 
termined  at  the  v\dl  of  either  party,  early  induced  the  courts  to 
decide  that,  where  an  annual  rent  is  reserved,  though  no  cetiain 
term  is  agreed  on,  the  estate  shall  be  construed  to  he  a  tenancy 
from  year  to  year  ;  and  that  each  party  is  bound  to  give  n.osun- 
able  notice  of  an  inlenlion  to  terminate  the  tenancy.  If  the 
tenant  be  placed  on  the  premises,  without  any  terms  prescrilied, 
or  rent  reserved,  and  us  a  mere  occupier,  be  is  strictly  a  tenant 
at  will. 

Sit  months''  notice  on  either  side,  and  ending  at  the  expira- 
tion of  the  year,  is  necessary,  by  the  curmnon  law,  to  dctermiiie 
a  tenancy  IVom  year  to  year.  This  rule  of  six  mtmlhs*  notice 
prevails  in  many  of  the  States,  and  in  others  the  courts  require 
reasonable  notice  to  be  given.  Nearly  all  the  Stales  now  haxe 
statutes  regulating  the  time  of  notice,  and  landlords  and  tetiania 
must  refer  to  the  st;*.tute8  of  their  respective  States  for  iherulei 
1 


6  INTRODUCTION. 

[The  statutes  of  the  several  States  are  to  be  found  in  the  last 
part  of  this  work.] 

In  the  city  of  New  York,  if  lands  or  tenements  be  occupied 
with«»ul  any  specified  term  of  duration,  the  occupation  is  deem- 
ed valid  until  the  first  day  of  M  ly  next  after  the  possession,  un- 
der the  agreement,  commenced  ;  and  the  rent  is  deemed  payable 
at  the  usual  quarter  days,  if  there  be  no  special  agreement  to 
the  contrary.— 1  N.  Y.  R.  S.  744. 

A  tenant  from  year  to  year  is,  of  course,  liable  for  voluntary 
waste  committed  by  him.  And,  to  a  certain  extent,  he  is  liable 
for  permissive  waste  ;  for  he  is  bound  to  make  ordinary  tenant- 
able  repairs  —  such  as  to  keep  the  house  wind  and  water  liifht, 
and  to  repair  windows  and  doors  broken  by  him ;  but  he  is  not 
bound  to  make  lasting  repairs.  If,  however,  the  house  be  in 
want  of  substantial  repairs,  or  be  otherwise  unfit  for  occupa- 
tion, the  tenant  is  not  bound  to  repair,  and  may  quit  without 
paymg  rent.— 5  Carr.  4-  P.  230;  1  D.  4-  R.  117;  1  Mov.  4- 
Rob.  112. 

A  Tenancy  at  Will 

. .  Continues,  according  to  the  old  law,  during  the  pleasure  of 
the  parties.  In  modern  times,  the  Courts  require  either  party 
desirous  of  terminating  the  tenancy,  to  give  reasonable  notice 
of  his  intention.  Mt»st  of  the  States  have  statutes  regulating 
the  time  of  notice,  and  landlords  and  tenants  must  refer  to  the 
statutes  of  their  respective  Slates  for  the  rule.  Where  there  is 
no  statute  regulation,  a  reasonable  notice  must  be  given,  as, 
where  the  rent  is  payable  quarterly,  three  months"  notice ;  if 
monthly,  one  month's  notice,  &c.  hor  the  purpose  of  notice  to 
quit,  a  tenancy  at  will  is  treated  by  the  Courts  as  a  tenancy 
from  year  to  year  ;  but  in  every  other  respect  it  retains  its  cha- 
racter of  a  strict  tenancy  at  will. — 8  Cowen,  13. 

Tenancies  at  will,  found  to  some  extent  in  every  State,  are, 
perhaps,  more  numerous  in  Massachusetts,  where,  by  the  He- 
vised  Statutes,  all  tenancies  not  created  by  written  agreement 
are  declared  to  be  mere  tenancies  at  will. 

Jf  a  person  enters  and  enjoys  lands  under  a  lease  which 
is  void,  and  pays  rent,  he  is  a  tenant  at  will. 

A  tenancy  at  will  may  be  determined  by  either  party's  giving 
the  notice  required  by  the  statutes,  or,  in  a  State  where  there  is 
no  statute  regulating  the  time  of  notice,  by  giving  reasonable 
notice. 

There  are  other  ways  than  by  giving  notice,  by  which 
tenancies  at  will  are  determined.  1  bus,  a  tenancy  at  will  is 
determined  by  the  death  of  the  landlord  or  tenant.  (17  Moss. 
282)  ;  or  by  the  sale  of  the  premises  by  the  landlord  ( 10  Mitc. 
223) ;  so  also  it  would  seem,  upon  the  same  principle,  the  leas- 
ing the  premises  by  a  lease  in  writings  determines  the  tenancy. 
—10  Mel.  298. 


INTRODDCTION.  7 

When  the  tenancy  is  thus  determined  by  death,  or  by  the 
sale,  or  h-tlingr  by  written  lease,  of  the  premises,  or  otherwise, 
the  tenant  at  will  becomes  a  tenant  at  sufferance,  and,  as  will  be 
seen  below,  is  not  entitled  to  any  notice  to  quit,  but  may  be 
ejected  forthwith. 

A  tenancy  at  will  is  also  determined  by  the  commission  of 
waste  by  the  tenant. — 21  Pich.  367. 

A  tenant  at  will  is  not  bound  to  make  repairs,  nor  is  he  res- 
ponsible tor  permissive  waste.  He  cannot  assign  or  underlet  the 
premises. 

Jn  Massachusetts,  "  where  a  tenant  takes  an  estate  under  a 
verhal  lease,  for  any  certain  term,  though  he  is  liable  to  be  ejected 
during  the  term,  upon  the  landlord's  giving  the  notice  required  by 
statute,  yet  if  he  actually  holds  during  that  term,  no  notice  to 
quit  is  necessary  either  by  landlord  or  tenant.  If  the  tenant 
holds  over,  he  is  a  tenant  at  sufferance,  and  the  landlord  may 
enter  and  expel  him  without  force,  or  have  his  remedy  at  law  to 
regain  possession.  If  the  term  is  made  to  depend  upon  a  con- 
tingent event,  on  the  happening  of  the  contingency  the  term  is 
at  an  end  by  its  own  limitation." — 3  Mete.  350. 

A  Tenancy  at  Sufferance, 

Is  one  who  comes  into  the  possession  of  premises  by  lawful 
title,  but  holds  over  by  wrong,  after  the  determination  of  his 
interest — as  where  a  tenant  holds  over  without  the  consent  of 
the  landlord,  after  the  expiration  of  his  lease  or  the  terra  of  time 
for  which  he  hired. 

A  tenant  at  sufferance  is  not  entitled  to  any  notice  to  quit, 
(unless  the  statutes  of  some  State  require  it)  and  can  be  removed 
by  the  landlord  at  any  time. 

By  the  statutes  of  New  York,  a  tenant  at  will  and  a  tenant  at 
sufftrance'Axe  entitled  to  a  month's  notice  to  quit.  It  has  been  de- 
cided, however,  in  that  State,  that  where  a  tenantholds  over  after 
the  expiration  of  his  term,  without  the  permission  of  his  land- 
lord, he  is  not  entitled  to  a  month's  notice  to  quit,  he  not  being 
within  the  meaning  of  the  statute  a  tenant  at  sufferance. — 11 
Wend.  G16. 

In  Massachusetts,  and  in  most  of  the  other  Stales,  the  com- 
mon law  doctrine  that  a  tenant  at  sufferance  is  not  entitled  to 
any  notice  to  quit,  but  may  be  removed  forthwith,  prevails ;  and 
if  the  statute  of  any  Siate  requires  notice  to  he  given,  probably 
the  same  construction  would  be  given  to  it  as,  we  have  seen,  was 
given  in  New  York. 

In  New  York  and  New  Jersey,  and  in  some  few  of  the 
other  States,  tenants  holding  over  under  certain  circumstances, 
are  liable  to  pay  double  rent.     [See  State  Laws,  chap.  111.] 

Rooms  and  Apahtments. 
T&e  leiliag  of  rooms  or  apartments. — When  a  man  lets  out 


8  1NTB0DX7CTI0N. 

lodffinps  or  apartments  in  a  house,  he  impliedly  leases  them 
with  all  their  proper  accompaniments,  and  warrants  to  the  hirer 
the  use  of  all  such  accessioiial  things  as  are  necessary  to  enable 
him  «o  enjoy  the  principal  subject-matter  of  the  demise  in  the 
manner  intended.  He  impliedly  grants  to  the  tenant  the  use  of 
the  door-bell,  the  knocker,  the  sky-lighls  or  windows  of  the 
staircase,  and  the  use  of  the  water-closeis,  unless  it  be  otherwise 
stipulated  at  the  time  of  the  taking  of  tlie  lodgings  ;  and  if  the 
Iandh)rd  deprives  him  of  the  use  of  either,  he  forthwith  subjects 
himself  to  an  action  for  a  breach  of  contract. — (7  C.  djr  P.  28.) 
He  impliedly  covenants  or  promises,  moreover,  to  keep  the  roof 
of  the  house  water  tight,  and  the  windows  in  a  reasonable  state 
of  rep;nr,  so  that  the  lodger  and  his  effects  suffer  no  injury 
from  rain  and  exposure  to  the  weather. 

Where  a  person  hires  one  or  more  rooms  in  a  building,  with- 
out any  stipulation  in  the  lease  by  lessor  or  lessee,  for  re-build- 
ing in  case  of  fire  or  other  casualty,  and  the  building  is  destroyed 
by  fire,  the  tenancy  is  determined.  It  will  be  seen  hereafter 
that  where  he  hires  the  whole  building,  and  covenants  to  pay 
rent,  the  tenancy  is. not  determined  by  the  destruction  of  the 
building  by  fire.   (Sue  page  2.5.) — 11  Melc.  44S. 

If  a  man  furnishes  a  dwelling  house  or  an  apartment  in  a 
house,  and  offer  it  to  be  let  ready  furnished,  he  impliedly  holds 
it  out  as  fit  for  immediate  habitation  and  use  ;  and  if  the  furni- 
ture is  unfit  for  use,  or  the  house  is  incumbered  with  a  nuisance 
of  so  serious  a  nature  as  to  deprive  the  tenant  of  all  beneficial  en- 
joyment of  it,  the  latter  is  entitled  to  throw  up  both  house  and 
furniture,  and  bring  an  action  against  the  landlord  for  a  breach 
of  contract  — Thus,  where  the  beds  of  a  ready  furnished  house 
■were  so  infested  and  overrun  with  bugs  that  tliey  could  not  be 
slept  in,  it  was  held  that  the  tenant  was  justified  in  leaving  the 
house  and  resisting  the  landlord's  demand  for  rent. — 11  M.  djr 
W.5.  . 

A  contract  for  the  letting  and  hiring  of  a  store,  or  place 
of  deposit  in  a  warehouse,  would  seem  to  be  a  contract  analo- 
gous to  the  letting  and  hiring  of  an  apartment  in  a  house  for  the 
occupation  of  a  tenant  or  lodjrer.  I  am  not  aware  of  any 
decisions  upon  the  subject  of  the  landlord's  liability  to  keep  the 
roof  and  walls  of  a  building  tight  where  lie  has  let  different  ap- 
partm-^nts  of  it  for  stores  ;  but  my  opinion  is  that  the  landlord 
must  keep  the  roof  tight,  and  that  if  he  fails  to  use  reasonable 
diligence  in  this  respect,  he  will  be  liable  for  the  damage  occa- 
sioned thereby.  An  entirely  opposite  doctrine  prevails  where  the 
tenant  hires  the  whole  building;  and  as  the  same  rule  may 
be  held  by  the  courts  to  apply  to  the  tenants  of  rooms,  1  would 
advise  all  persons  hiring  rooms  or  stores  to  have  covenants  insert- 
ed in  their  leases  to  the  effect,  "  that  the  landlord  shall  keep  the 
premises  in  repair,  and  that  if  they  become  untenantable  from 
any  cause  other  than  the  wrongful  act  of  the  tenant,  the  tenant 


INTRODUCTION,  » 

may  leave  unless  the  landlord,  upon  notice,  forthwith  repairs  the 
premises,"  and  also  '*  that  any  damage  occasioned  by  want  of 
repairs  shall  be  paid  by  the  landlord." 

Repairs. 

The  subject  of  repairs  is  of  much  interest  to  both  landlord 
and  tenant.  It  is  a  fruitful  source  of  difficulty  and  dissension, 
owinn  to  the  iijnorance  and  misconception  of  the  parties  re- 
specting their  rights  and  liabilities.  So  much  of  this  subject  as 
relates  to  tenancies  at  will,  and  from  year  to  year,  and  to 
the  hiring  of  rooms  or  apartments,  has  already  been  considered 
in  examining  the  nature  of  those  tenancies ;  the  subject,  however, 
will  be  very  fully  treated  hereafter,  with  particular  reference  to 
tenancies  created  by  written  leases,  and  some  covenants  designed 
to  protect  the  tfnant  from  all  trouble  and  difficulty,  in  case  at  any 
time  during  the  term  the  premises  get  out  of  repair,  will  be 
gioen.     [See  pp.  39  to  44.] 

Water. 

The  subject  of  water  ia  also  another  source  of  difficulty.  The 
matter  is  fully  treated  in  this  work,  and  covenants  are  given,  de- 
signed to  protect  the  tenant  against  loss,  provided  he  is  com- 
pelled to  buy  water  for  use.     [See  pp.  44,  45  ] 

Wastes  are  either  Voluntary  or  Permissive. 

Voluntary  waste  is  an  act  of  injury  done  to  the  premises,  as 
tearing  down,  defacing,  or  doing  other  injury  to  the  house  ; 
cutting  down  and  injuring  fruit-trees,  &c.  Permissive  waste 
consists  in  suffi^ring  the  premises  to  go  to  decay  from  the  want 
of  ordinary  repairs. 

Alterations  in  a  tenement  beccme  waste,  as  by  converting  two 
chambers  into  one  ;  so  cutting  timber  unnecessarily,  or  changing 
one  species  of  land  into  another  is  waste. 

All  tenants  are  liable  for  the  commission  of  voluntary  waste. 
All  tenants,  excepting  tenants  at  will  and  sufferance,  are  liable, 
to  a  greater  or  less  extent,  for  permissive  waste.  The  liability 
of  tenants  f«tr  permissive  waste,  or,  in  other  words,  the  duty  of 
tenants  to  make  repairs,  will  be  hereafter  considered;    ,  .  y. ;  ^^^ 

or  «i  fK 

An  agreement  for  a  lease  creates  a  tenancy,  where  the  tenant 
is  let  into  possession  under  it,  and  pays  rent  for  it  to  the  lessor, 
unless  there  be  something  in  the  agreement  which  shows  the  in- 
tentions of  the  parties  to  have  been  clearly  otherwise. 

The  contract  of  lease  may  be  expressed  verbally  or  in  writing. 
If  verbally,  it  has  only  the  force  and  effect  of  a  tenancy  at  will. 
If  in  writing,  it  must  be  subscribed  by  the  party  making  it,  or 
his  authorized  agent.* 

*  In  some  ^'lalel■  the  Sintuie  Law  rpqnires  that  the  lease  should  be  witnessed 
sckiiuwiedged  aiid  recorded,    free  page  IS,  aud  Chapter  III. 


to  mTKoDucnoN 

Upon  the  making  of  a  lease  the  landlord  still  retains  rights 
over  the  property,  although  he  has  parted  with  the  possession  ; 
while,  on  the  other  hand,  the  tenant  assumes  certain  obligations. 

The  landlord  always  retains  the  right,  as  against  liis  tenant, 
to  go  upon  the  premises  peaceably,  for  the  purpose  of  examining 
what  waste  or  injury  has  been  committed  by  the  tenant,  or  other 
person,  also  to  demand  rent,  make  necessary  repairs,  or  remove 
obstructions. 

it  is  not  necessary  that  the  lessor  be  in  possession  of  the  pre- 
mises, if  he  have  the  undisputed  right  to  them. 

If  anything  is  left  optional  in  a  leHse,and  in  all  cases  of  doubt 
the  tenant  is  most  favored  by  the  law,  on  the  principle  that  the 
landlord,  in  granting  the  lease,  has  the  power  to  take  care 
of  himself. 

If  a  farm  be  let  to  a  tenant  without  any  stipulation  how  he  is 
to  manage  it,  the  law  implies  a  promise  oit  his  part,  that  he  will 
cultivate  and  manage  it  in  a  good  and  husband-like  manner,  and 
according  to  the  custom  of  the  country.  So,  also,  a  contract 
will  be  implied,  that  a  tenant  will  use  a  house  and  fixtures  m  a 
tenant-like  manner. 

In  case  an  injury  is  done  to  the  premises  by  a  stranger, 
of  such  a  nature  as  affects  his  reversion,  the  landlord  may  have 
an  action  against  him  for  damages.  So,  if  any  one  interferes 
with  his  tenants,  and  disturbs  their  enjoyment. 

The  landlord  is  not  bound  by  the  tenant's  wrongful  acts,  or 
liable  for  his  negligence  ;  nor  is  he  answerable  for  a  nuisance 
erected'  on  the  premises  by  the  tenant ;  but  if  he  renews  tiie 
lease,  or  grants  another  with  the  nuisance  upon  it,  he  becomes 
liable  after  such  renewal  ;  for  he  ought  not  to  let  the  premises 
with  a  nuisance. 

Where,  under  a  verbal  promise  of  a  lease  for  years,  improve- 
ments are  made  on  the  lands,  and  the  lease  is  not  executed,  the 
tenant  is  entitled  to  the  value  of  the  improvements. 
«  ^^___ 

It  is  a  general  rule,  that  an  entire  contract  cannot  be  appor- 
tioned:— Therefore,  if  a  landlord  accept  the  surrender  of  a  ten- 
ancy in  the  middle  of  a  quarter,  without  any  new  agreement 
as  to  an  f.pportionment  of  the  quarter's  rent,  he  cannot  recover 
any  part  of  it.  And  so,  where  a  tenant  is  evicted  by  his  land- 
lord from  part  of  the  premises,  let  at  an  entire  rent,  such 
eviction  will  afford  a  complete  defence  to  an  action  for  the  use 
and  occupation  of  those  premises.     Chitty,  632. 


bj' 


THE  COMMON  LAW 


RELATING    TO 


LANDLORD   AND  TENANT. 


[The  Common  Law  prevails  in  nil  the  States,  except  Louisiana,  and 
should  be  consulted  in  all  cases, — in  some  instances,  however,  ita 
principles  are  coutrolled  by  State  Laws,  which  see  in  Chapter  liL 


CHAPTEa  I. 
The  Tenancy   how  Created. 

A  tenancy  may  be  created  by  a  lease,  under  seal;  ver- 
bally, by  word  of  mouth;  or  by  writing,  not  under  seal; 
or  by  operation  of  law. 

Tenancy  by  Agreement. 

If  an  instrument  professing  to  be  an  agreement  for  a 
lease,  is  in  itself  a  transfer  of  possession,  wlieihcr  imme- 
diate or  in  future,  it  is  a  lease,  thougb  it  contain  a  sti- 
pulati(ui  for  executing  a  regular  lease  under  seal.  But  if 
the  words  do  not  import  immediate  possession,  or  some 
act  is  to  be  done  prior  to  the  entry  of  the* tenant,  the  in- 
ference will  be  that  the  instrument  was  not  intended  to 
be  a  lease,  but  only  an  executory  contract.* 

By  a  lease  the  lessee  acquires  an  interest  in  the  demised 
premises  immediately  on  its  execution;  and  upon  his  entry 
thereon  the  term  is  fully  vested  in  him. —  7  Car.  &,  P.  300. 

*  In  writing  letters  In  relation  to  making  or  negotiuting  a  lease,  it  would  be 
well  I"  ineniKiii,  '•  that  llie  pmpnsal  u  M»t^/ia/,"  olhfrwi.«e  the  terms  ofl'ered  may 
be  aecepied,  and  the  party  find  himifeir  bound  by  an  agreement,  when  he  did 
nut  iniriid  ii.  In  whatever  terms  an  agreement  is  conceived,  it  will  be  proper 
to  rc^iiaiii  Its  operaiioii  by  adding: — "'And  lastly, it  is  hereby  declared,  that 
thlsagrfeiniMit  shall  iioi  operate,  or  be  defmed,or  held  to  cperaie,  as  an  actual 
or  present  demise  <>l  the  said  premises,  hereby  agreed  to  be  leased,  or  to  give 
the  SHid  C.  D.  any  legal  interest  in  the  same  premises  until  an  indenture  of 
lease  xhall  be  actually  executed." 

The  quoiiinn,  whether  an  agreement  operates  as  a  present  lease  or  as  an  ex 
ecuiory  coiitruei ;  or,  in  other  words,  as  a  presemlease,  or  as  an  agreement  lor 
»  future  iease,  has  occusioued  much  Jiiigation. 


12  THE    COMMON    LAW    OF 

By  an  agreement  for  a  lease  he  acquires  no  legal  in- 
terest ill  the  term,  or  in  the  land  demised. 

There  is  no  particular  form  required  for  an  agreement 
for  a  lease.  Any  memorandum  of  a  contract,  signed  by 
the  parties,  by  which  one  agrees  to  let,  and  the  other  to 
take  the  premises  intended  to  be  demised,  describing 
them  shortly,  and  stating  the  rent  and  term,  and  from 
what  time  the  latter  shall  commence,  is  sufficient.  It  is 
advisable,  however,  to  insert  in  it,  fully  and  explicitly,  not 
only  the  terms  generally  of  the  holding,  but  all  the  cove- 
nants which  are  to  be  contained  in  the  intended  lease,  that 
there  may  be  no  misunderstanding  or  dispute  about  them 
afterwards.  If  the  agreement  contain  no  stipulation  (m 
the  subject  of  covenants,  the  tenant  may  object  to  any 
lease  afterwards  tendered  to  him,  which  contains  any  other 
than  usual  covenants. 

A  verbal  agreement  to  grant  a  lease  will  be  enforced 
in  equity,  though  it  may  be  void  by  statute,  if  there  be 
evidence  of  a  substantial  part-performance,  such  as  pos- 
session being  delivered,  or  if  the  tenant  be  at  expense  in 
building  or  improving  according  to  agreement,  though 
signed  by  one  party  onlv. 

An  agreement  containing  no  words  of  present  yielding 
up,  and  nothing  to  show  when  the  interest  was  to  con- 
mence  or  determine  —  or  containing  an  express  stipula- 
tion that  it  shall  not  be  deemed  or  taken  to  be  a  lease  — 
is  not  a  lease.  But  if  there  are  words  of  present  yielding 
up,  without  any  thing  to  indicate  that  the  parties  contem- 
plate a  further  assurance,  it  is  a  lease. 

Tenancy  by  Implication. 

Where  there  is  merely  an  agreement  for  a  lease,  and 
the  intended  lessee  is  let  into  possession  under  it,  and 
pays  rent  for  it  to  the  lessor,  a  tenancy  is  impliedly 
created ;  unless  there  be  something  in  the  agreement, 
which  shows  the  intention  of  the  parties  to  have  been 
clearly  otherwise.  Even  where  the  amount  of  the  rent 
was  noi  mentioned  in  the  agreement,  but  the  tenant  paid 
a  certain  rent,  it  was  holden  that  an  implied  tenancy 
was  thereby  created.  3  Bing.  53{>l.  But  where  no  rent 
has  been  paid,  nor  any  thing  done  which  is  equivalent  to 
it,  tenancy  cannot  be  implied.  3  B.  &  A.  3'2H. 

Where  a  tenant  is  in  possession  under  a  void  lease,  for 


LANDLORD   AND   TENANT.  13 

It  tern),  and  pays  rent,  a  tenancy  is  thereby  impliedly  cre- 
ated. «  T.  R.  a. 

Where  a  le.ise  granted  by  a  tenant  for  life,  is  put  an 
end  to  by  his  death,  hut  tlie  remainderman  afterwards  re- 
ceives rent  from  tiie  tenant,  this  impliedly  creates  a  ten- 
ancy, and  the  remainderman  caimt)t  put  an  end  to  it 
without  giving  a  notice  to  quit.  7  T.  R.  H'.i. 

A  person  in  possession  of  land,  under  a  contract  with  the 
owner  for  the  purchase,  is  a  tenant  at  will. — 12  Mass.  325 

Tenancv  by  Holding  over  the  Term. 

If  a  landlord  consents  to  the  tenant's  holding  over  up- 
on the  expiration  of  his  lease,  he  holds  on  the  former 
terms;  it  being  under>tood  that  the  parties  have  renewed 
their  contract  for  another  month,  quarter,  or  year,  as  the 
case  may  be. 

If  a  tenant  holds  over  without  the  consent  of  the  land- 
lord, he  becomes  a  tenant  by  sufferance,  and  the  landlord 
may  peaceably  remove  him  and  his  goods,  and  the  tenant 
not  be  entitled  to  resist. 

If  the  tenant,  on  account  of  sickness,  obtain  the  con- 
sent of  the  landlord  to  hold  over  until  well,  the  landlord 
can  demand  rent  only  for  the  time  he  occupies. 

Joint  Tenants,  or  Tenants  in  Common. 

Tenants  in  common  are  where  more  than  one  person 
holds  some  estate  in  one  piece  of  land,  either  under  a 
.landlord,  or  as  owners  of  the  soil.  It  need  not  i)e  de- 
rived from  the  same  person,  nor  held  by  the  same  title, 
nor  in  the  same  proportion.  By  the  Ohio  statute,  and 
we  presume  by  the  law  of  all  the  states,  a  person  has  a 
right  to  demand  a  partition  of  the  estate,  by  which  his 
part  will  be  set  off  to  him. 

Joint  tenants,  tenants  in  common,  and  coparcerncrs, 
may  grant  leases  foryears  or  at  will  of  their  respective  in- 
terests, or  they  may  join  and  convey  their  whole  interest.* 

•  ro-lennnls  nre  equa'ly  Imiind  lo  repair,  or  support  a  parliiioii  wall,  fence, 
common  well,  privy,  &c.  If  one  party  refuse  lo  join,  ilif  oiliur  may,  after 
givin!!  him  rensonahle  noiice,  do  ii  himself,  and  charge  his  co-lenanl  wilb  his 
prop'Tiion  of  ihf  expenite. 

If  a  iree  Rrown  in  n  hedpe  dividinf!  Ihe  land  of  two  persons,  wilh  roots  tx- 
tendinpr  into  the  Iniid  of  each,  ihey  are  li>naiits  in  roninion  of  the  tree  :  liui  if 
it  stands  on  my  side  of  the  line,  my  iiriiihbour  may  have  a  right  lo  rui  nwiijr 
the  branches,  or  the  roots  on  his  side,  unless  of  twenty  years  growth,  hut  h« 
has  no  riifhi  to  convert  either  the  branches  or  the  fruit  n«  his  own  use.  No 
person  has  a  rigbl  to  build  or  plant  anything  which  shall  uverhang  anutber's 
laud. 


14'  the  common  law  of 

Lease. 

[See  Forms  of  Leases,  from  pages  99  to  106.] 

A  lease  is  properly  a  conveyance,  (usually  in  writing, 
if  for  one  year  or  more,  and  under  seal,)  of  lands,  tene- 
ments, or  other  things  (in  consideration  of  rent  or  other 
recompense,)  made  for  life,  or  years,  or  at  will,  but  al- 
ways for  a  less  time  than  the  lessor  has  in  the  premises. 
Leases  may  endure  so  long  as  the  interest  of  the  lessor,  but 
no  longer.  Two  copies  of  the  lease  should  be  made,  one  of 
which  is  retained  by  the  landlord,  the  other  by  the  tenant. 

The  lease  should  be  delivered  by  the  parties,  or  by  some 
authorized  agent. 

A  covenant  to  renew  the  lease  implies  another  lease 
for  the  same  term  and  rent,  but  not  with  all  the  coven- 
ants contained  in  the  former  lease,  such  covenants  being 
incidental,  and  not  essential  parts  of  the  lease. 

A  covenant,  to  renew  upon  such  terras  as  might  be 
agreed  upon,  is  void  for  uncertainty. 

A  lease  from  the  first  day  of  July  of  one  year,  to  the  first 
day  of  .Fuly  in  the  succeeding  year,  excludes  the  first  day. 
But  proof  of  a  local  custom,  that  a  lease  in  those  terms 
expires  at  noon  of  the  last  day,  is  admissible. 

Every  lease  must,  either  on  its  face,  or  by  words  of 
reference,  give  to  the  sul)ject  intended  to  be  conveyed, 
such  a  description  as  to  identify  it. 

If  a  party  enters  into  possession  without  any  agreement, 
it  is  understood,  in  some  states,  to  be  a  taking  from  year 
to  year  ;  in  others,  as  tenant  at  will. 

If  it  be  intended  that  the  tenant  shall  pay  taxes,  or 
assessments,  re-build  the  premises  in  case  of  fire,  or  keep 
them  insured,  or  that  he  shall  not  underlet  or  assign  with- 
out the  landlord's  consent,  it  should  be  so  stated  in  the 
lease ;  because  these  things  cannot  be  insisted  upon  unless 
bargaine<l  for.  < 

A  tenant  for  life  can  make  a  lease  for  his  own  life  only. 

Tenants  in  dower,  or  by  the  curtesy,  are  mere  tenants 
for  life,  and  their  leases  determine  with  their  lives. 

A  tenant  for  a  t^rm  of  years  may  riiake  an  under- 
lease of  all  or  any  part  of  the  premises  leased  to  him,  pro- 
vided his  underlease  be  for  a  shorter  term  than  his  own. 
He  must  reserve  to  himself,  however,  a  reversion  of  some 
portion  of  his  term,  even  if  it  be  only  a  day,  otherwise  the 
instrument  will  be  an  assignment. 


LANDLORD   AND   TENANT.    "  15 

But  a  tennnt  at  will  or  snfTerance  cannot  make  a  lease. 
There  can  be  no  such  thing  as  an  under-tenant  to  a 
tenant  at  will. 

An  unfier-tenant  of  real  estate  has  a  right  to  pursue 
thereon  any  l^awful  busines.s,  which  is  not  prohihiled  by 
the  lease  to  his  lessor,  nor  by  that  to  hin»self,  and  which 
is  not  injurious  to  the  preuiises. 

If  a  tenant  pay  to  one  of  two  landlords  his  share  of 
rent  justly  due,  the  other  landlord  may  maintain  an  action 
for  his  share. 

Where  a  lessee  underlets  the  premises  for  a  part  of  the 
term,  the  original  lessor  cannot  recover  rent  of  the  under- 
tenant. 

Bv  WHOM  Lease  may  be  Made. 

Leases  can  be  made  by  all  persons  legally  capable  of 
coniracliug,  who  hive  a  present  interest  in  the  premises, 
and  are  in  peaceable  possession. 

If  there  are  several  owners,  having  a  common  interest, 
they  must  all  join  in  making  a  lease  ;  or  it  may  be  made 
by  their  authorized  agent. 

All  idiot  or  insane  |)erson  cannot  make  a  lease.* 

A  perstni  under  twenty-one  years  of  age  cannot  make 
a  lease,  unless  it  be  evidently  for  his  beiieht.  If  n(tt  for 
his  benefit,  although  not  actually  void  on  that  account,  it 
is  voidable  by  him  on  coMiing  of  ago,  and  if  sued 
upon  it,  he  may  plead  infancy;  but  i(  he  make  a  lease 
rendering  rt-nt,  it  will  bind  the  adult  party  until  the  minor 
chooses  to  avoid  it.  On  the  other  hand,  <'n  coming  of 
age  he  may  confirm  a  lease  made  by  him  during  his  infancy. 

A  married  woman  cannot  make  a  lease.  'J'he  husband, 
having  sole  dr)minion  over  her  property  during  his  life, 
can  make  a  lease  in  her  right,  without  her  joining  in  it; 
but  such  a  lease  is  binding  on  her  only  during  the  life  ol 
her  husband,  for  after  his  death,  the  widow,  although  she 
may  have  joined  in  the  lease,  may  confirm  or  avoid  it.t 

•  It  tin*  nI»o  lieen  df  rieled.  'tini  n  Icnue  olitnined  from  n  person  in  nn  rxireme 
•Inieoi  iiiioAicuiiun,i»  voiduble  by  bim  uule««heut«<:iiu  u>it  when  lie  Ixxuines 
•ulxsr. 

t  Till*  Itpvised  Slniule*  of  New  Vorlc.  derlare  ihni  if  n  wife  renides  oul  of 
Ihr  it'iiii*,  :<lie  niiiy  iiiiiir  wilh  her  husband,  uiid  cmivey  any  u(  hi-r  real  eitlute 
Siliinit-it  wiiiiiii  ihnt  :>inie. 

Tlie  ri;;lit  iif  H  iMiirrieit  womnn  (under  rerlain  ron;liiiiiii«.  wi'h  ll)epoii«enl 
of  herlin.-iliiinil)  ii>  iii:ike  ninveyanre.'t,  or  lea-'ei*  "flier  renlesime  is  uiidersluuil 
to  prevuil  geuerully  ihruugbuui  the  Uiiiied  States.  —  3  Pick.  Sit . 


IC  THE    COMMON    LAW    OF 

To  WHOM  THE  Lease  may.  be  Made. 

All  persons  whatsoever,  even  idiots,  infants,  and  mar- 
ried women,  may  be  I  -ssees.  If  tliey  labor  under  any 
disability  at  the  time  of  the  making  of  the  lease  ihey  may, 
ui)()n  the  removal  of  the  disability,  avoid  such  lease;  but 
if  they  ctmiinue  to  occupy  the  thing  demised  afier  the  re- 
moval of  the  disal)ility,  the  lease  thereby  becomes  good 
and  binding  upon  them.  — 2  Cruise,  19,  85. 

Leases  may  be  made  by  Power  of  Attorney. 

A  power  of  making  leases  for  a  longer  term  than  the 
party  would  otiienvise  have  authority  by  law  to  grant,  is 
frequently  given  in  settlements  and  wills,  to  ihoj^e  to  whom 
an  estate  merely  for  life  is  thereby  given,  to  enable  them 
to  let  the  Ian  Is,  (fee,  beneficially,  as  well  for  themselves 
as  for  those  who  come  into  possession  after  tliem  ;  but  lest 
tenjints  for  life  should  exert  those  powers  to  the  injury  of 
the  persons  in  reiiiiinder  or  reversion,  they  are  in  general 
restr.iined  by  the  words  of  the  power  from  miikiiig  leases, 
except  on  certJiin  conditions.  Every  circumstance  re- 
q  lireil  by  the  power  must  be  strictly  followed,  otherwise 
the  lease  will  be  void,  and  the  power  be  deemed  to  be 
wholly  unexecuted.  The  restrictions  usually  annexed  to 
leasing  powers  relate — 

1.  To  the  instrument  by  which  the  power  is  to  be 
executed. 

2.  T«)  the  lands  to  be  let. 

3.  To  the  tirne  when  the  lease  is  to  commence. 

4.  To  its  duration. 

5.  To  the  rent  to  be  reserved. 

G    To  the  clause  and  covenants  required  to  be  inserted. 

Executt)rs  and  administrators  may  make  a  lease,  if  the 
deceased  was  possessed  of  an  estate  for  a  term  of  year.s, 
ill  the  same  manner  as  the  testator,  or  intestate,  might 
have  doi;e;  and  an  executor  may  do  tiiis  before  pr<ibate. 
If  there  l)e  two  or  more  executors,  a  lease  by  one  of  them 
will  be  as  valid  as  if  it  were  made  by  all. 

A  mortgigor  in  possession  cannot  make  a  lease  of  the 
mDrtgaged  property,  so  as  to  bind  his  mortgagee,  unless 
he  h  ive  authority,  express  or  implied,  from  the  mortgagee, 
lo  do  so  ;  but  such  a  lease  will  be  good  as  between  the 
parties.     On  the  other  hand,  the  mortgagee,  although  m 


LANDLORD  AND   TENANT. 


It 


possession,  cannot  make  a  lease  so  as  to  bind  the  mort- 
gagor, if  he  should  afterwards  redeem  the  property,* 

When  it  is  necessary  to  make  a  lease  of  mortgaged 
property,  both  mortgagor  and  mortgagee  should  join. 

Entry  of  Lessee. 

The  lease  of  itself  vests  in  the  lessee  no  estate  whatever 
in  the  demised  premises  —  it  merely  gives  him  a  right  to 
enter  upon,  and  take  possession  of  them;  so  that,  to  com- 
plete the  title  of  the  lessee,  he  must  actually  enter  upon 
the  demised  premises.  Before  entry,  he  is  bound  by  his 
contract,  and  must  perform  all  the  covenants  in  his  lease. 

Wiiere  the  term  is  to  commence  at  some  future  time, 
the  lessee  cannot  enter  before  that  time.  But  having  le- 
gally entered,  he  is  entitled  to  hold  the  premises,  not  only 
against  strangers,  but  also  against  the  lessor,  and  all  per- 
sons claiming  title  under  him. 

Names  of  Parties  to  a  Lease. 
If  a  lease  is  made  by  an  agent,  or  attorney,  it  should 
run  in  the  name  of  the  principal,  and  not  of  the  agent 

Consideration. 
Some  good  or  valuable  consideration  must  also  appear 
in  the  lease.     Natural  affection  is  a  good  consideration. 

The  Date  of  a  Lease. 
The  date  of  the  instrument  is  not  absolutely  necessary, 
as  the  term  will  be  taken  to  begin  from  the  delivery  of  the 
deed,  unless  some  particular  time  for  its  commencement 
is  therein  specified. 

The  Form  of  Seal. 

There  should  be  a  seal  of  wax,  wafer,  or  other  tenacious 
substance,  capable  of  being  impressed,  for  each  signature 
of  a  party  to  a  lease,  whenever  a  seal  is  required.  I|i 
some  of  the  Southern  and  Western  States  a  circle  or  scroll 
of  ink  made  with  a  pen  will  answer  for  a  seal. 

In  Virginia  and  Alabama,  there  must  be  evidence  of 
an  intention  to  substitute  the  scroll  for  a  seal. 


*  a  mortgagor  in  possession,  according  to  English  law,  is  regarded  as  a  tenant 
at  will  to  the  mortgagee,  who  may  enter  upon  the  mortgagor  at  any  tima 
even  before  default  of  payment  of  the  mortgage  money,  antf  eject  him,  un'eaa 
otherwise  provided  in  the  mortgage  ;  and  this  doctrine,  according  to  Chancel- 
lor Kent,  prevails  very  extensively  in  the  U.  S.  In  New  York  the  ReviMd 
Statutes  nave  abolished  the  action  of  ejectment  by  a  mortgagee. 

2 


ji8  THE   COMMON    LAW    OP 

Witnesses  to  the   Execution. 

In  executing  a  verbal  lease  no  witness  is  necessary  ; 
but  in  a  lease  by  deed,  two  attesting  witnesses  are  requisite 
in  New  Hampshire,  Vermont,  Rhode  Island,  Connecticut, 
Ohio,  Michigan,  Illinois,  Indiana,  Delaware,  Tennessee, 
South  Carolina,  and  Georgia. 

In  New  York  a  lease  for  three  years  or  more,  or  for 
life,  must  be  recorded  ;  and  if  not  acknowledged  previously 
to  its  delivery,  its  execution  and  delivery  shall  be  attested 
by  at  least  one  witness. 

In  Massachusetts,  a  lease  for  seven  years  or  more,  may 
be  executed  in  the  presence  of  at  least  one  witness,  but 
must  be  acknowledged  and  recorded.* 

Usual  Covenants  in  a  Lease. 

[See,  aUo,  Special  Covenants  on  pages  39- to  44,  and  105,  106.] 

No  particular  form  of  words  is  requisite  to  make  a 
covenant.  The  words  "  provided"  and  "  agreed"  make 
a  covenant.  The  words  *'  covenant,  grant,  and  agree," 
will  operate  as  a  lease. 

The  words  covenant,  and  agreement,  signify  the  same 
thing,  as  engagements  to  do,  and  not  to  do.  If  it  is  an 
engagement  under  seal,  then  it  is  technically  a  covenant. 
Covenants  are  of  two  kinds,  express  and  implied.  An 
express  covenant  is  one  expressed  in  positive  words ;  an 
implied  covenant  is  such  an  obligation  as  the  law  intends, 
incident  to  the  nature  of  the  contract.  In  New  York 
implied  covenants  are  abolished,  and  it  therefore  becomes 
necessary  to  mention  particulars. 

TAe  Lessee  covenants  to  pay  rent.  —  In  practice  the 
lease  always  contains  a  covenant  by  the  lessee  to  pay  the 
rent.  But  the  like  covenant  may  be  implied  from  the 
words  in  the  reservation,  "  yielding  and  paying,"  &c. 
By  this  covenant,  the  lessee  is  liable  for  the  rent  during 
the  whole  of  the  term,  even  although  he  assigns  his  inter- 
est to  another ;  if  an  action  be  brought  against  him  for  it, 
he  cannot  even  plead  a  tender  of  the  rent  by  the  assignee. 
To  pay  or  cause  to  he  paid  all  taxes.  —  The  tenant 
sometimes  covenants  to  pay  all  taxes,  assessments  and 
impositions  whatsoever.     (See  p.  23.) 

To  repair. —  Leases  of  houses  or  other  buildings  usually 
contain  a  covenant  on  the  part  of  the  lessee  to  keep  the 

•  It  is  oAen  less  difficult  to  prove  the  handwriting  of  thr  parlies,  than  to  find 
Ike  witaesses,  bit  an  <ickiiaMrledgment  of  the  lease  caa  be  read  ia  evidence. 


LANDLORD   AND   TENANT.  10 

premises  in  good  and  tenantable  repair  during  the  con- 
limiance  of  the  term,  and  to  leave  them  in  the  like  state 
of  repair  at  tlie  end,  or  ether  sooner  determination  of  the 
term.  In  addition  to  this,  there  is  sometimes  a  covenant 
by  tJie  lessee  to  repair  within  a  certain  time  after  notice 
from  the  lessor,  requiring  him  to  do  so.     (See  p.  39.) 

Not  to  commit  waste.  —  A  covenant  to  this  effect  is  often 
introduced  into  leases  of  farms,  and  sometimes  into  leases 
of  houses.  It  is  generally  construed  to  mean  such  waste 
only  as  may  be  injurious  to  the  reversion. 

Not  to  assign  or  underlet,  ^c.  —  A  covenant  by  the 
lessee  not  to  assign  his  term  to  another  is  very  usual  in 
leases,  as  well  of  farms,  as  of  houses.  But  the  landlord 
by  such  assignment  acquires  an  additional  security  for  his 
rent  and  the  performance  of  covenants,  having  the  same 
remedies  against  an  assignee  that  he  would  have  against 
his  lessee,  and  retaining  still  his  remedies  against  his 
lessee.    Not  to  underlet  admits  of  a  different  consideration. 

A  covenant  restraining  the  assignment  of  a  lease  only, 
will  not  prevent  an  under-letting.  Thus,  where  a  tenant 
covenanted  that  he  would  not  assign,  transfer,  set  over, 
or  otherwise  part  with  the  indenture,  or  the  premises 
thereby  leased,  or  any  part  thereof,  it  was  held  that  he 
might,  nevertheless,  underlet  them. — (17  John.  66;  15 
lb,  276.)  If,  however,  he  covenants  not  to  let  or  assign 
over  the  premises,  he  cannot  underlet. —  1  M.  &,  S.  297. 

The  usual  covenants  against  assignment,  &-c.,  are  only 
broken  by  the  voluntary  assignment  of  the  premises  by 
the  lessee  ;  where,  therefore,  they  are  sold  under  a  judg- 
ment and  execution  against  the  lessee,  there  is  no  breach 
of  the  covenant,  unless  there  has  been  fraud  or  collusion 
on  the  part  of  the  lessee. — (15  John.  278.)  So,  an  as- 
signment under  the  Insolvent  or  Bankrupt  Act,  would 
not  amount  to  a  breach  of  the  covenant. 

The  landlord  may,  however,  protect  himself  against 
assignments  by  operation  of  law,  by  inserting  after  the 
usual  covenant  against  assigning  and  underletting,  a 
clause  to  the  effect  that  the  tenancy  shall  be  determined 
upon  its  being  taken  upon  an  execution,  or  upon  its 
passing  out  of  the  tenant's  (giving  his  name)  hands,  either 
by  his  own  acts  or  by  operation  of  law. 

The  usual  covenant,  "  not  to  assign  or  underlet,"  has 
merely  the  effect  of  subjecting  the  lessee  to  an  action  for 


20  THE    COMMON    LAW    OF 

damages,  if  he  violate   it.     But  a   condition   against  it 
would  enable  the  lessor  to  re-enter  and  avoid  the  lease. 

Not  to  carry  on  a  partiadar  trade,  Sfc.  —  A  very  ordi- 
nary covenant  on  the  part  of  the  lessee,  in  leases  of  houses, 
is,  that  he  shall  not  carry  on  any  trade,  or  any  particular 
trade  specified,  or  allow  of  the  same  to  be  carried  on,  in 
the  house  demised,  without  the  license  of  the  lessor. 

To  surrender  at  the  end  of  the  term.  —  The  lessee 
covenants,  that  he  will  on  the  last  day  of  the  term  peace- 
ably yield  up  to  the  lessor  the  premises,  &c.,  in  good 
tenantable  repair,  reasonable  wearing  and  use  thereof, 
and  damage  by  fire  or  other  casualties  excepted. 

^5  to  the  management  of  farms.  —  In  leases  of  farms, 
there  are  usually  a  number  of  covenants  upon  the  part  of 
the  lessee  introduced,  as  to  the  manner  in  which  the  farm 
is  to  be  managed, the  course  of  cropping,  the  expenditure, 
upon  the  farm  of  the  manure,  hay,  straw,  dz-c.  made  upon 
it,  or  that  if  hay  or  straw  be  removed,  a  certain  qunntity 
of  manure,  in  proportion  to  it,  shall  be  brought  upon  the 
farm,  and  the  like.  These,  of  course,  must  vary  very 
much,  in  different  states,  according  to  the  course  of  hus- 
bandry adopted  in  them. 

Usual  covenants.  —  In  agreements  for  leases,  and  in 
powers  of  leasing,  it  is  very  often  stipulated  that  the  lease, 
when  prepared,  shall  contain  all  usual  and  customary  co- 
venants. What  are  to  be  deemed  usual  covenants  then 
becomes  a  question,  and  very  often  depends  upon  the 
custom  or  usage  in  that  respect  in  the  county  or  neigh- 
borhood where  the  premises  are  situate,  often  upon  the' 
nature  of  the  property  itself.  What  are  usual  covenants, 
is  a  question  of  fact,  not  of  law. 

The  tenant  usually  covenants — To  pay  rent ;  to  pay 
taxes;  to  allow  lessor  to  enter  and  view  state  of  premises, 
and  that  lessee  will  repair  according  to  notice  ;  that  the 
lessee  will  not  use  premises  as  a  shop,  or  for  an  offensive 
trade;  or  assign,  or  underlet,  without  consent  of  lessor; 
that  he  will  leave  premises  in  good  repair,  reasonable  wear 
and  tear  and  damage  by  fireandother  casualties  excepted  ; 
that  the  lessor  may  enter  on  the  premises  on  non-payment 
of  rent,  or  non  performance  of  covenants.  —  And  the  land- 
lord covenants,  That  he  will  repair;  that  there  are  no  in- 
cumbrances ;  and  that  on  performance  of  the  covenants, 


LANDLORD   AND  TENANT.  31 

the  lessee  may  keep  possession  of  the  premises  for  the 
time  granted. 

Implied  covenants*  —  A  covenant  by  the  lessee  to  pay 
rent,  may  be  implied  from  the  words,  "  yielding  and  pay- 
ing," &,c.  — 2  Ro.  Rep.  399. 

The  landlord  covenants  to  indemnify  against  incumbran- 
ces. —  The  tenant  should  require  of  the  landlord  a  cove- 
nant that,  during  the  term,  he  shall  enjoy  the  premises 
free  from  all  incumbrances,  A  tenant  may  at  any  time 
be  dispossessed  of  the  premises  by  some  incumbrance  of 
which  he  had   no  knowledge. 

Rents  to  cease  in  case  ofjire  or  other  casualty. — In  case 
the  premises  or  any  part  thereof  shall,  during  the  term,  be 
destroyed  by  fire,  or  other  unavoidable  casualty,  the  lessor 
shall  forthwith  proceed  to  rebuild  and  repair  the  same  in 
as  good  condition  as  the  premises  were  in  before  such 
fire,  and  in  the  mean  time,  and  until  said  premises  are 
rebuilt  and  put  in  good  and  tenantable  order,  the  rent,  or 
a  just  and  proportional  part  thereof,  shall  be  suspended. 

Covenant  for  quiet  enjoyment  by  the  Landlord. — That 
the  tenant,  if  he  perform  the  covenants  on  his  part  to  be 
performed,  shall  peaceably  hold  and  enjoy  the  premises 
during  the  continuance  of  the  term,  without  hindrance  or 
interruption  by  the  lessor,  or  of  any  other  person  or  per- 
sons whomsoever. 

To  pay  taxes  and  assessments. — In  some  leases  the 
tenant  is  required  to  pay  all  the  taxes  and  assessments ; 
but  if  the  lease  is  silent  on  the  subject,  the  law  imposes 
this  obligation  on  the  landlord.  The  tenant  may,  how- 
ever, discharge  the  taxes,  and  deduct  what  he  is  obliged 
to  pay  out  of  the  rent. 

By  the  Massachusetts  Revised  Statutes,  the  tenant  is 
bound  to  pay  one-half  the  taxes,  if  there  be  no  agreement 
in  the  lease  to  the  contrary. 

(See  also  other  Covenants  on  pages  43,  44.) 

Words  usually  made  use  of  in  a  Lease. 

The  words  usually  made  use  of  in  a  lease  are,  "  demise^ 
lease,  and  to  farm  let,"  but  any  other  words  which  are 

*  In  a  deed  containing  expresR  covenants,  there  may  also  be  implied  coven- 
anta  not  comradictory  to  those  expressed. — 7  Mass.  68. 

2* 


5KJ  THE    COMMON    LAW    OF 

sufScient  to  explain  the  intent  of  the  parties,  that  the  one 
shall  divest  himself  of  the  possession,  and  the  other  come 
into  it  for  a  determinate  time,  are  sufficient,  whether  such 
words  run  in  the  form  of  a  covenant,  license,  or  agree- 
ment ;  they  will,  in  construction  of  law,  amount  to  a  lease. 
Thus,  a  license  to  enjoy  or  inhabit  a  house,  has  been 
deemed  a  demise  of  it,  but  no  words  that  merely  indicate 
an  intention  of  the  parties  at  some  future  time  to  let  the 
premises,  will  constitute  a  lease;  and  if  the  instrument 
contain  an  express  stipulation,  that  it  shall  not  be  deemed, 
or  taken  to  be  a  lease,  it  is  clear  that  it  must  be  consider- 
ed an  agreement  only.  But  the  words  used  must  be  of 
present  demise. 

Commencement  of  the  Term. 

The  time  at  which  the  term  is  to  commence  must  be 
stated,  otherwise  it  cannot  be  known  when  the  rent  is  to 
become  due.  If  there  are  no  writings,  the  tenancy  coni- 
mences  from  the  day  the  tenant  enters  into  possession. 

Continuance  of  the  Term. 

The  same  certainty  is  necessary  as  to  the  extent  and 
duration  of  a  lease  as  for  its  commencement.* 

The  continuance  of  the  term  in  a  lease  for  years  must 
be  ascertained  with  certainty,  either  by  the  express  limit- 
ation of  the  parties  themselves,  at  the  time  the  lease  is 
made,  or  by  reference  to  some  collateral  act,  which  may, 
with  equal  certainty,  measure  the  continuance  of  it,  other- 
wise it  is  void. — Plowd.  271. 

A  lease  for  a  certain  term  may  be  good,  although  it  be 
stipulated  that  it  shall  determine  at  an  earlier  period,  upon 
the  happening  of  a  certain  event. 

A  lease  for  a  certain  number  of  years,  from  a  certain 
day,  for  instance,  the '25th  March,  is  not  determined  until 
the  expiration  of  the  2oth  March  in  the  last  year  of  the 
tenancy,  —  unless  there  is  proof  of  a  local  custom  to  the 
contrary. 

It  is  not  necessary  that  the  continuance  of  the  term 
should  be  stated  in  years;  a  lease  for  one  hundred  thou- 

*  A  lease  for  year*  ought  to  have  certainty  in  its  limitations,  viz^  in  the 
commencement  of  the  term,  in  the  continuance  of  it,  and  in  the  end  of  it.  So 
all  these  ought  to  be  known  at  the  commencement  of  the  lease,  and  words  in 
the  lease  which  do  not  make  this  appear  are  but  babble.— Plowd. 272. 


LANDLORD   AND    TENANT.  28 

sand  days,  or  for  a  certain  number  of  months,  would  be 
good  and  valid. 

A  lease  for  life  is  for  the  life  either  of  the  lessor  or 
lessee,  or  of  some  third  person. 

If  the  lease  does  not  state  for  whose  life,  it  will  be  pre- 
sumed to  be  for  the  life  of  the  lessee. 

A  lease  for  three,  jive,  or  seven  years,  as  the  lessee  shall 
think  proper,  is,  in  the  first  instance,  a  lease  for  three  years ; 
and  if  the  lessee  continue  to  hold  after  that,  it  is  a  lease 
ioxjive;  and  if  the  lessee  still  continue,  it  is  a  lease  for 
seven.  If  the  lease  omit  to  mention  at  whose  option  it 
may  be  determined,  the  power  of  deciding  whether  it  is  to 
be  for  the  shorter  or  the  longer  term,  is  in  the  lessee  alone. 

A  lease  from  year  to  year,  that  is  to  say,  for  a  year,  and 
so  on,  from  year  to  year  so  long  as  both  parties  shall 
please,  is  a  lease  for  two  years  certain,  unless  notice  to 
quit  be  given  on  the  day  of  the  execution  of  the  lease; 
and  if  it  be  not  determined  at  the  end  of  the  second  year, 
by  a  notice  to  quit  previously  given,  it  is  good  for  the 
third  year,  and  so  from  year  to  year,  until  determined  by 
either  party,  by  notice,*  or  until  some  event  happen  which, 
in  contemplation  of  law,  will  destroy  it.  —  Cro.  El.  775; 
4  Doug.  213. 

Taxes. 

All  Taxes  and  public  charges  must  be  paid  by  the  land- 
lord. If  the  tenant  pay  them,  he  will  have  a. right  to  de- 
duct them  from  the  rent.  In  Massachusetts,  however,  the 
statute  requires  that  the  tenant  pay  half  the  taxes,  and 
should  the  landlord  pay  them,  he  can  recover  in  an  ac- 
tion against  the  tenant,  unless  there  be  some  agreement 
to  the  contrary.     (See  Mass,  Stat,,  p.  76.) 

The  Parcels. 

A  leace  should  describe  the  premises  demised,  with 
certainty,  in  order  to  avoid  dispute  or  litigation  afterward. 
A  demise,  however,  of  a  farm,  stating  its  name  and  where 
situate,  will  pass  to  the  lessee  all  the  land,  buildings,  &.c. 
constituting  the  farm  at  the  time  of  the  making  of  the 
lease;  and  the  number  and  identity  of  the  parcels,  if 
doubted  or  disputed,  at  any  time  afterwards,  may  be  es- 
tablished by  evidence  of  what  constituted  the  farm,  &c. 

*  This  i%  an  imponani  fact,  and  probably  is  not  generally  known. 


24 


THE    COMMON    LAW    OF 


"  Where  a  lease  was  made  of  certain  houses,  together 
with  a  piece  of  ground  which  formed  part  of  an  adjoining 
yard,  together  with  all  ways  which  the  said  premises,  or 
any  part  thereof,  theretofore  used  or  enjoyed ;  and  at  the 
time  of  the  making  of  the  lease  the  whole  of  the  yard  was 
in  the  occupation  ofone  person,  who  had  always  used  and 
enjoyed  a  certain  way  by  a  gateway  from  the  street  to  every 
part  of  the  yard  ;  it  was  holden  that  the  lessee  was  entitled 
to  the  samerightof  way  to  that  part  of  the  yard  let  to  him." 

If  a  lease  expressly  refer  to  the  parcels  in  a  former 
lease,  and  purport  to  demise  the  same,  the  lessor  will  be 
bound  by  it,  although  part  of  the  parcels  had  in  fact  been 
separated  from  the  premises  between  the  making  of  the 
one  lease  and  of  the  other,  —  4  Jurist,  941. 

Reservation  op  Rent. 

Rent  is  a  certain  profit  to  the  Landlord  arising  from 
the  thing  let,  and  not  any  matter  that  is  part  and  parcel  of  it. 
It  is  not  necessary  that  the  rent  should  consist  of  money; 
corn,  horses,  &c.,  may  be  rendered  by  way  of  rent ;  also, 
labor  by  the  lessee,  his  servants,  cattle,  &c. 

The  rent  reserved  must  be  certain ;  the  amount  must 
either  be  expressly  stated,  or  be  such  as  by  reference  to 
something  else,  can  be  certainly  ascertained. — Co,  Lit.  96, 

Rent  is  usually  made  payable  weekly,  monthly,  quar- 
terly, or  yearly,  or  it  may  be  every  two  or  three  years,  as 
the  parties  may  choose  to  contract.  If  the  rent  is  paya- 
ble yearly,  the  lessor  cannot  detnand  it  half-yearly,  or 
quarterly.     Latch,  264;  Lutw.  231. 

If  a  tenant  covenants  to  pay  rent  in  advance,  he  may  pay 
it  at  any  time  during  the  day  on  which  it  is  made  payable. 

The  rent  must  be  reserved  to  the  lessor,  his  heirs  and 
assigns,  or  to  the  lessor,  his  executors,  administrators  and 
assigns.    It  cannot  be  reserved  to  a  stranger. —  Co.  Lit.  47. 

The  reservation  may  be  made  in  any  form  of  words  that 
express  or  imply  that  a  return  of  something  that  was  not 
in  the  lessor  before  is  to  be  made  instead  of  the  thing  let. 

The  usual  words  are,  '•  Yielding  and  paying  for  the 
same  yearly,  during  the  said  term,  unto  the  said  J.  S.,  his 
representatives  [or  heirs,  executors,  administrators]  and 

assigns,  the  sum  of ,by  equal  quarterly  payments,  on 

the ,  the  first  quarterly  payment  of  said  yearly  rent 

to  he  made  on  the  —  day  of next  ensuing  the  date  of 

these  presents'* 


landlokd  and  tenant.  25 

Premises  Destroyed  by  Fire,  or  other  Casualty, 

It  is  a  well  settled  rule  of  the  common  law  o  En^'Iand 
that  upon  an  express  contract  to  pay  rent,  the  loss  of  the 
premises  by  fire,  or  inundation  or  external  violence,  will 
not  exempt  the  party  from  his  obligation  to  pay  rent.  The 
same  rule  prevails  equally  in  this  country,  in  the  case  of 
an  express  covenant  to  pay  rent. 

"The  following  are  statutory  provisions,  applicable  to 
the  city  of  N.  York,  but  are  understood  to  be  an  enact- 
ment of  the  general  law.  Where  the  tt'//o/c  of  a  lot  of  land, 
or  other  premises  under  lease,  is  taken  for  city,  or  other 
public  improvements,  the  lease,  upon  confirmation  of  the 
report  of  the  Commissioners,  becomes  void;  and  if  only 
part  of  the  premises  is  taken,  the  lease  becomes  void  as  to 
the  part  taken,  but  remains  valid  as  to  the  residue;  and 
in  the  event  of  closing  up  a  street  or  road  on  which  the 
leased  premises  are  situated,  if  they  are  no  longer  upon,  or 
contiguous  to,  a  public  highway,  the  lease  becomes  void."* 
(See  Repairs,  page  39.) 

Tenancy  how  Dissolved. 

The  relation  of  Landlord  and  Tenant  may  be  dissolved  : 
1st.  By  the  expiration  of  the  term  of  the  lease.     2d.  By 

•  According  to  the  principles  of  natural  law,  the  law  of  Scotland,  the  Code 
Napoleon,  and  the  Code  of  Louisiana,  if  the  whole  of  the  pi  emises  is  destroyed 
jy  fire,  or  fortuitous  events,  or  is  taken  for  public  purposes,  the  lease  becomes 
void  j  l)ui  where  only  a  part  is  destroyed  or  taken,  it  is  void  as  to  that  part. 
But  It  has  been  decided  in  New  York  and  Massachusetts,  that  a  lessee  of 
premises  which  are  burned,  has  no  relief  against  an  express  covenant  to  pay 
rent,  either  ot  law  or  in  canity. 

In  case  a  building  is  destroyed  by  order  of  a  magistrate,  to  prevent  any 
great  public  calamity,  as  well  as  in  the  event  of  a  building  being  destroyed  by 
a  mob,  the  tenant  is  entitled  to  recover  damages  from  the  public  treasury,  not 
only  for  hi«  interest  in  the  building,  but  also  for  the  merchandize,  or  other  per- 
gonal property  belonging  to  him,  which  was  in,  and  destroyed  with,  the 
building.  'J'his  was  decided  in  a  case  arising  out  of  the  great  fire  which 
occurred  in  New  York,  in  December,  1835. 

AVhere  part  of  land  is  taken  for  public  use,  it  is  no  eziingaishment  of  the 
lease. 

The  coinplninant  leased  a  store  for  three  years,  in  Boston,  covenanting  to 
pay  the  rent,  and  leave  the  premises  in  good  repair  at  the  end  of  the  term,  and 
the  lessor  reserving  a  right  to  enter  and  make  improvements.  The  front  part 
of  the  land  was  taken,  and  the  front  wall  of  the  building  cut  oflTby  the  city,  in 
order  to  widen  the  street.  Held,  the  term  was  not  thereby  ended,  nor  the  ten- 
ant discharged  from  his  covenants  to  pay  rent  and  repair : — 

That  the  landlord  or  tenant  might  build  the  wall,  and  the  cost  was  a  good 
claim  for  damages  against  the  city : — 

That  the  city  was  liable  for  damages  to  the  tenant  for  the  lo8«  of  the  use  of 
his  store  for  the  period  necessary  to  remove  his  goods,  make  the  repairs,  and 
move  back,  and  for  the  diminution  in  the  value  of  the  premises,  he  rtiniinuing 
to  pay  the  same  rent  and  taxes ;  but  not  for  damages  by  loss  of  custom  in  con- 
sequence of  occupying  a  less  favorable  place  of  business,  while  the  repairs 
were  going  on.  —20  Pick.  159. 


26 


THE  COAIMON   LAW   OF 


the  death  of  the  person  on  whose  life  the  lease  depends. 
3d.  By  a  breach  of  some  covenant  in  the  lease.  4th.  By 
keeping  a  house  of  ill-fame,  or  the  like.  5ih,  Where 
the  landlord  accepts  another  person  as  tenant.  6th. 
Where  the  tenant  is  deprived  by  the  landlord  of  the 
whole  or  a  material  part  of  the  premises,*  7th.  If  the 
landlord  allows  the  premises  to  be  disturbed ;  or  part  of 
them  used  as  a  house  of  ill-fame. 

It  has  been  held  that  a  lease  of  a  dwelling-house,  under 
seal,  is  determined  by  the  delivery  of  the  key  and  the  receipt 
of  it  by  the  lessor,  and  his  endeavoring  to  let  the  house. 

A  lease  for  a  term  of  years  is  not  determined  until  the 
last  moment  of  the  anniversary  of  the  day  from  which  the 
tenant  was  to  hold,  in  the  last  year  of  the  tenancy. 

A  tenancy  at  will  may  be  determined  either  expressly 
or  by  implication.  The  mode  of  determining  it  expressly 
by  either  party  is,  by  a  demand  of  possession  on  the  part 
of  the  lessor,  or  by  an  express  declaration  by  the  lessee 
that  he  will  hold  no  longer ;  which  declaration  should 
be  by  a  notice  in  writing.  In  Massachusetts,  and  some 
other  states,  notice  in  writing  is  required  by  statute. — 
See  Chap.  III.     (See  Tenancy  at  Will,  p.  6.) 

A  determination  of  the  lease  may  be  implied  from  any 
act  of  ownership  exercised  by  the  lessor,  which  is  incon- 
sistent with  the  nature  of  the  estate  :  as  if  he  make  a  lease 
of  the  lands,  to  commence  immediately  ;  or  enter  upon 
the  land  and  cut  timber  ;  or  do  any  other  act  showing  that 
he  has  determined  the  lease  —  this  will  have  the  effect  of 
putting  an  end  to  the  lessee's  interest,  if  the  tenant  consent. 

And  on  the  other  hand,  any  act  of  desertion  by  the  ten- 
ant, or  other  act  inconsistent  with  the  estate,  will  operate 
as  a  determination  of  the  estate  :  as  if  he  assign  over  the 
land  to  another,  or  commit  an  act  of  waste,  his  estate  is 
thereby  determined,  if  the  laridlord  claim  possession. 

in  a  tenancy  at  will,  if  cither  party  die,  the  lease  is 
thereby  determined,  it  is  also  determined  by  the  sale  or 
letting  by  written  lease  of  the  premises.     (See  p.  G.) 

•  By  8taiulor}'  law,  applicable  lo  the  ciiy  of  New  York,  ilietenBiicy  is  dig- 
solved,  in  ihe  event  of  <:l(ifiiip  up  the  sireei  or  road  on   which  ihe  leared 

E remises  are  located,  so  Ihal  ihey  arc  no  longer  upon,  or  coniigucus  to,  a  puhlic 
ighway.     So,  when  part  of  ihe  premises  is  laken,  llie  lease  becomes  void  ai 
to  the  part  taken,  but  remains  valid  as  to  Ihe  residue. 

If  the  tenant  be  deprived  by  the  landlord  of  the  free  use  of  any  material 
part  of  the  premises,  he  may  throw  up  his  lease,  and  be  no  longer  lesponsible 
for  the  rent ;  or  he  may  retain  possession  of  the  remaining  pan  of  iheprenii^es, 
and  sue  the  landlord  for  damages.  3  Camp.  B.  513. 


LANDLORD    AND   TENANT.  27 

A  tenancy  at  sufferance  is  determined  by  mere  entry ; 
no  demand  of  possession  or  other  notice  is  necessary. 
(Seep.  7.) 

Dissolution  op  Tenancy  by  Forfeiture. 

The  right  of  a  landlord  to  enter  for  a  forfeiture  of  the 
term  by  the  tenant,  is  either  given  by  law,  or  it  is  made 
the  matter  of  express  stipulation  in  the  contract.  If  a 
lessee  do  any  act,  by  which  he  disnffirms  or  impugns  the 
title  of  his  lessor,  his  lease  is  thereby  forfeited.  If,  in  an 
action  against  him  by  the  lessor,  grounded  upon  the  lease, 
he  resist  the  demand  under  a  grant  of  a  higher  interest  in 
the  land  —  or  i(  by  matter  of  record  he  acknowledge  the 
fee  to  be  in  a  stranger  —  he  thereby  forfeits  his  lease.* 

If  a  lease  be  granted  upon  condition,  and  the  condition 
be  broken,  the  lessor  may  enter  for  the  condition  broken. 

And  if  it  be  stipulated  in  the  lease  or  agreement  under 
which  a  ten*ant  holds  the  demised  premises,  that  if  he  be 
guilty  of  a  breach  of  a  particular  covenant  or  stipulation, 
or  generally,  of  any  of  the  covenants  in  the  lease,  or  sti- 
pulations in  the  agreement,  on  his  part  to  be  performed  or 
observed,  that  the  landlord  may  re-enter  —  if  the  tenant 
be  guilty  of  any  such  breach,  the  landlord  may  accordingly 
re-enter,  or  bring  his  ejectment.  But  the  stipulation  in 
the  lease  or  agreement,  which  gives  this  power  of  re-entry 
is  generally  construed  very  strictly. 

It  is  a  settled  rule  at  common  law,  that  where  a  right 
of  re-entry  is  claimed  on  the  ground  of  forfeiture  for  non- 
payment of  rent,  there  must  be  proof  of  a  demand  of  the 
precise  sum  due,  at  a  convenient  time  beford  sunset,  on 
the  day  when  the  rent  is  due,  at  the  place  stipulated  in 
the  lease,  or  if  there  be  none,  then  upon  the  most  notori- 
ous place  upon  the  land,  which,  if  there  be  a  dwelling- 
house,  is  at  the  front  door.—  Co.  Lit.  202    1  Saund.  287. 

The  lessee  n»ay  make  a  personal  tender  of  the  rent  to 
the  lessor,  in  order  to  save  the  forfeiture,  at  any  time  dur- 
ing the  natural  day,  that  is,  before  twelve  at  night,  on 
which  the  rent  becomes  due. 

When  rent  is  due,  a  tender  upon  the  land  is  good,  and 
prevents  a  forfeiture.  —  Go  Lit.  201 — 2.  The  tenant  is 
not  bound  to  go  and  seek  the  landlord,  provided  the  con- 

•  This  ii  Cnslish  law.    The  American  courts  might  decide  diflerentljr. 


28  THE   COMMON   LAW   OF 

tract  be  silent  as  to  the  place  of  payment ;  and  yet  a  per- 
sonal tender  to  the  landlord   olTthe  land  is  also  good. 

Courts  of  equity  are  only  closed  against  the  tenant, 
where  the  forfeiture  is  incurred  by  his  wilful  and  culpa- 
ble neglect  to  fulfil  the  terms  of  his  covenant. 

Waiver  of  Forfeiture. 

The  receipt  of  rent  which  accrued  subsequent  to  the 
forfeiture  of  the  lease  is  a  waiver  of  the  forfeiture,  and 
will  constitute  a  good  defence  to  an  ejectment  suit  brought 
against  the  lessee  to  enforce  such  forfeiture. — (9  Paige, 
427,)  The  forfeiture  must  be  known  to  the  lessor  at  the 
time,  in  order  to  render  his  acceptance  of  rent,  or  any 
other  act,  a  waiver. — 2  D.  &  E.  425, 

The  receipt  of  rent  does  not  operate  as  a  waiver,  unless 
the  rent  received  accrued  subsequent  to  the  act  which 
works  a  forfeiture, — 13  Wend.  530. 

Dissolution  of  Tenancy  by  Surrender. 

A  surrender  is  a  yielding  up  by  mutual  agreement,  of 
an  estate  for  life,  or  years,  to  him  who  has  an  immediate 
estjite  in  reversion,  or  remainder,  wherein  the  estate  for 
life,  or  years,  may  merge ;  and  must  be  done  by  deed  or 
note,  in  writing,  signed  by  the  party  so  surrendering  the 
same,  or  his  agent  thereto  lawfully  authorized  by  writing, 
or  by  act  and  operation  of  law.  A  surrender  in  law  is, 
where  the  lessee  accepts  a  new  lease  of  the  same  premises 
from  the  reversioner.  The  technical  and  proper  words 
are,  *'  surrender  and  yield  up,"  but  any  form  of  words  by 
which  the  intention  of  the  parties  is  manifested,  will  be 
sufficient.  —  4  Cruise,  93.  The  effect  of  a  surrender  as 
between  the  parties  is,  that  the  term  granted  by  the  lease 
is  thereby  merged  and  destroyed,  and  the  lease  is  at  an 
end ;  but  the  rights  of  strangers  are  not  affected  by  it. 

The  under  lessee  cannot  surrender  to  the  original  les- 
sor, but  he  must  surrender  to  his  immediate  lessor  or  his 
assignee. 

Tearing  up  a  lease  by  mutual  consent  does  not  operate 
as  a  surrender,  because  the  deed  is  not  the  essence  of  the 
contract,  but  only  the  evidence  of  it. 

The  express  consent  of  all  parties  is  necessary  to  create 
a  surrender  at  law  ;  and  the  acts  done  must  be  unequivo- 
cal ;    for  if  they  are  susceptible   of  an   explanation   at 


LANDLORD   AND  TENANT.  89 

variance  with  the  intention  of  surrendering  the  lease, 
they  will  not  be  considered  as  a  surrender.  The  giving 
up  the  key  by  the  tenant,  and  the  acceptance  of  it  by  the 
landlord,  amounts  to  a  surrender. 

And  where  a  tenant  left  the  premises  without  giving 
notice,  before  his  lease  had  expired,  and  the  landlord 
relet  the  premises  for  a  less  rent,  it  was  held,  the  land- 
lord could  not  recover  the  difference  from  the  original 
lessee;  but  the  court,  in  this  case,  intimated,  that  if, 
before  reletting,  the  landlord  had  given  notice  to  the 
original  lessee,  that  if  he  did  not  occupy  the  premises 
himself  he  would  let  them  to  another  tenant,  on  his 
account,  he  might  then  have  recovered. — 11  Moore,  380. 

In  one  case,  where  the  tenant  had  quit  without  notice, 
and  the  landlord  had  put  up  a  bill  in  the  window  of  the 
premises,  signifying  that  they  were  to  be  let,  it  was  held, 
that  the  landlord  was  not  deprived  by  that  act  of  his  right 
to  sue  the  original  tenant  for  rent. — 3  Esp,  225. 

The  mere  circumstance  of  a  landlord's  having  accepted 
rent  from  an  assignee  or  undertenant  in  the  possession  of 
the  premises,  does  not  of  itself  amount  to  an  acceptance 
of  the  assignee  or  undertenant  as  his  lessee  in  the  place 
of  the  original  lessee. — 1  Stark.  96. 

Notice  to  Quit  by  Landlord 

[Sec  Stnlntes  of  States,  from  p.  63  to  p.  98,  and  also  Forms  of  Notice,  p.  107.1 

A  tenancy  at  will,  or  from  year  to  year,  may  lawfully 
be  dissolved  by  a  notice,  in  writing,  to  the  tenant,  re- 
quiring him  to  remove  from  the  premises. 

A  notice  to  quit  may  be  required  by  statute,  or  hy  lopal ' 
custom,  or  by  express  stipulation  between  the  parties.     In 
the  latter  case,  the  notice  must  be  such  as  has  been  agreed  ■■ 
upon ;  and  therefore,  if  it  be  agreed  between  the  parties,  • 
that  the  tenant  shall  quit  at  a  quarter's  notice,  of  course 
a  quarter's  notice  only  is  necessary.     Where  notice  to 
quit  is  required  by  local  custom,  the  custom  will  be  con- 
sidered as  forming  part  of  the  contract,  and  must  be  com-  t 
plied  with. 

In  absence  of  express  stipulation,  local  custom,  or  sta- 
tute law,  if  a  tenant  hold  his  land,  or  house,  &c.,  from 
year  to  year,  expressly  or  impliedly,  either  the  landlord  or 
he  may  determine  the  tenancy  by  giving  a  halfyear's  notice 
to  quit.    The  same,  where  a  tenancy  from  year  to  year  is 


30,  THE    COMMON    LAW   OP 

implied  by  law,  or  from  the  payment  of  rent,  or  the  like. 

If  the  tenancy  be  from  half  year  to  half  year,  half  a 
year's  notice  to  quit  must  be  given ;  if  from  quarter  to 
quarter,  a  quarter's  notice  ;  if  from  month  to  month,  a 
month's  notice  ;  if  from  week  to  week,  a  week's  notice ; 
if  there  be  a  usage  or  law  to  that  effect,  and  no  express 
stipulation  to  the  contrary. 

But  where  the  tenancy,  by  express  stipulation,  is  to  end 
on  a  certain  day,  then  a  notice  to  quit  is  not  necessary. 
Nor  is  it  necessary  where  the  tenant  holds  under  an  ad- 
verse title,  or  has  done  any  act  that  amounts  to  a  dis- 
claimer of  his  lessor's  title.  Nor  is  it  necessary  to  be 
given  by  a  mortgagee  to  the  mortgagor,  or  by  the  mort- 
gagee to  the  tenant  in  possession,  if  the  tenancy  were 
created  by  the  mortgagor  after  the  date  of  the  mortgage. 

Notice  to  quit  must  be  given  by  the  landlord,  or  by  the 
person  who  may  have  succeeded  him  in  the  title,  as  heir, 
assignee,  &-c.,  or  by  his  agent.* 

.  A  notice  to  quit  given  by  one  of  two  joint  tenants,  will 
have  the  effect  of  determining  the  tenancy  as  to  his  part, 
or  moiety ;  but  if  it  be  intended  to  determine  the  tenancy 
as  to  all,  if  given  by  one,  it  must  either  be  signed  by  all, 
or  given  expressly  on  the  behalf  of  all.  If  given  by  an 
agent  on  behalf  of  all,  it  will  determine  the  tenancy  as  to 
all,  although  he  be  authorized  by  one  of  them  only  ;  and 
it  is  sufficient  if  his  authority  be  subsequently  recognized 
by  them. 

Notice  to  quit  must  be  given  to  the  landlord's  imme- 

*  A  mistake  in  the  notice  to  quit,  as  to  the  time  of  the  expiration  of  the 
tenancy,  is  fatal  ;  but  in  order  to  avoid  this,  the  notice  should  require  the 
tenant  to  quit  at  the  end  and  expiration  of  the  current  quarter,  or  year,  of  hi« 
tenancy. 

Where  the  tenant  enters  on  a  verbal  lease,  if  the  premises  should  be  sold, 
he  becomes  a  tenant  by  sufferance  ;  and  is  liable  to  be  removed  without 
notice. 

When  the  lease  of  a  tenant  for  a  certain  term  has  expired,  and  he  is  per- 
mitled  to  continue  in  possession,  he  does  not  thereby  become  a  yearly  tenant, 
tinless  rent  has  been  received,  but  is  a  tenant  at  sufferance,  and  may  be  turned 
out  without  notice. 

It  is  not  necessary  that  a  notice  to  quit  should  be  directed  to  the  tenant  in  . 
possession,  if  proved  to  have  been  delivered  to  him  at  the  proper  time.    If  the 
tenant  disputes  the  lime  when  his  tenancy  commenced,  that  his  notice  to  quit 
does  not  correspond  with  it,  it  is  incumbent  on  him  to  show  the  time  of  the 
commencement  of  the  tenancy,  not  on  the  lessor.  —  4  Esp.  7. 

A  misdescription  of  the  premises,  in  a  notice  to  quit,  is  not  fatal,  if  they  are 
otherwise  so  sufficiently  designated  that  the  party  to  whom  notice  has  been 
given,  has  not  been  misled  by  it —  4  E«p.  185. 

Where  a  tenant,  on  being  applied  to  respecting:  the  commencement  o*"  hi« 
holding,  informs  the  parties  that  it  begins  on  a  certain  day,  and  a  regular  notice 
toquil  on  that  day  ••  given,  he  shall  be  bound  by  the  information  he  so  gave, and 
be  not  permtiied  to  show  that  it  began  at  a  different  time.  —  2  Esp.  635. 


LANDLORD   AND   TENANT. 


tA 


diate  tenant,  or  to  his  executor,  or  other  personal  repre- 
Benialive  or  assignee,  but  not  to  an  undertenant.  Where 
the  premises  were  held  by  two  tenants  in  common,  a 
notice  served  on  one  of  them  was  held  to  determine  the 
entire  tenancy,  on  the  ground  that  it  was  to  be  presumed 
that  notice  reached  the  other  tenant. 

If  the  landlord  distrain  for  rent,  or  receive  such  rent 
after  giving  notice  to  quit,  he  thereby  waives  his  notice, 
and  the  tenancy  continues. 

When  the  lease  is  to  terminate  at  a  certain  time,  there 
is  no  occasion  for  notice,  for  the  time  of  termination  is 
as  well  known  to  the  tenant  as  to  the  landlord. 

A  tenant  by  sufferance,  is  not  entitled  to  notice  to  quit; 
and  if  beholds  possession  unlawfully,  the  landlord  may 
proceed  by  law  to  remove  him.*     (See  page  7.) 

Where  several  persons  are  jointly  interested  as  land- 
lords,  a  notice  to  quit  must  be  signed  by  all,  or  by  their 
appointed  agent  or  attorney. 

Notice  to  Quit  by  Tenant. 

If  notice  to  quit  be  given  by  the  tenant,  it  should  be 
given  to  his  immediate  landlord,  or  to  the  person  to  whom 
he  is  bound  to  pay  his  rent,  or  to  his  landlord's  agent,  and 
not  to  any  head  landlord,  or  person  under  whom  his  im- 
mediate landlord  claims.  In  other  respects,  the  same 
rules  apply  to  this  notice  as  to  a  notice  to  quit  by  landlord. 

Form  and  Service  of  Notice. 

[For  Forms  of  Notice,  &c.  see  Chapter  II!,  p.  107.]  ,^,. 

A  notice  to  quit  should  be  in  writing.  No  particolar. 
form  is  necessary;  but  it  must  indicate  to  the  tenant,  with 
sufficient  certainty,  that  he  is  to  quit  the  premises  at  a 
certain  period; — and  in  accordance  with  the  statutes. 
Care  must  also  be  taken  that  it  describe  the  premises 
correctly,  and  as  a  whole  ;  a  notice  as  to  part  only, 
would  be  bad. 

Duplicates  are  usually  made  of  the  notice,  which  are 
examined,  then  signed,  one  served,  and  the  other  kept. 
Serve  one  on  the  tenant  personally,  if  you  can  ;  or,  if  you 
cannot  meet  with  him,  you  may  serve  it  upon  his  wife,  ok, 

•  The  landlord  cannot  hrinf;  an  action  of  trecpas*  against  a  lenaat  at  tnflier- 
ance,  before  an  entry.  — 17  Man.  263. 


^  THE  COMMON    LAW   OF 

servant,  at  his  dwelling-house,  explaining  to  them,  at  the 
same  time,  the  nature  of  the  notice.  Then  make  a  me- 
morandum of  the  day  and  manner  of  service  on  the  other 
copy,  and  keep  it  to  prove  the  service  of  the  notice. 
But  if  there  be  but  one  original  notice  signed,  it  will  be 
sufficient;  and  an  examined  copy  of  it  may  afterwards  be 
given  in  evidence,  without  giving  the  defendant  notice  to 
produce  the  original ;  as  a  notice  to  produce  a  notice  is 
never  required. 

Condition  of  Parties  at  the  End  of  a  Notice  to 
Quit,  and  on  Holding  Over. 

Where  the  lease,  under  which  a  tenant  has  holden,  has 
expired,  or  has  been  determined  by  a  notice  to  quit,  the 
landlord  thereupon  immediately  acquires  a  right  of  entry 
upon  the  premises,  and  he  may  peaceably  enter  upon 
them  ;  and  may  then  maintain  trespass  against  the  tenant 
who  still  remains  in  possession,  but  he  cannot  turn  the 
tenant  or  his  family  out  of  possession,  except  by  legal 
process. 

But,  if  the  tenant  refuse  to  quit  the  premises,  the  land- 
lord must  have  recourse  to  the  law,  and  obtain  possession 
at  t!ie  hands  of  a  public  officer.* 

If  the  landlord  neglect  to  commence  proceedings  to 
eject  the  tenant  at  the  termination  of  the  notice,  for  a  cer- 
tain length  of  time,  or  again  receive  rent,  he  must  renew 
the  notice,  for  the  expiration  of  a  notice  is  equivalent  to 
the  expiration  of  a  lease,  after  which  time  a  new  tenancy 
will  be  held  to  have  commenced. 

A  landlord,  having  the  reversion  in  a  house,  may  enter 
it,  after  the  determination  of  his  tenant's  tenancy  by  a 
notice  to  quit  or  otherwise,  either  peaceably,  or,  if  no 
person  be  in  the  house  at  the  time,  even  by  breaking  open 
the  door,  and  retain  possession  against  the  tenant,  as 
against  a  stranger.  So,  where  a  tenancy  from  week  to 
week  was  determined  by  a  notice  to  quit,  but  the  tenant 
omitted  to  give  up  possession,  and  had  some  furniture  still 
in  the  house;  the  landlord,  at  a  time  when  there  was  no 
person  in  the  house,  broke  open  the  door  with  a  crowbar, 
and  other  forcible  application,  and  resumed  the  possession, 
whereupon  the  tenant  brought  trespass:  the  court  held 

*  For  method  of  proceeding,  see  Slaimes,  Chapter  III. 


LANDLORD   AND    TENANT.  09 

that  the  landlord  had  a  right  thus  to  enter,  Dallas,  C.  J. 
saying  that  the  case  of  Taunton  v.  Costar  established  that 
he  might  enter  peaceably,  and  that  there'wasno  necessity 
for  an  ejectment  in  such  a  case,  and  his  using  force,  when 
there  was  no  person  upon  the  premises,  made  no  differ- 
ence; and  Park,  J.  remarked  that  the  declaration, alleged 
it  to  be  the  house  of  the  plaintiff,  when  in  fact  and  in  law 
it  was  the  house  of  the  landlord. —  1  Bing.  158.  But  if 
any  person  be  upon  the  premises,  and  force  be  used  suf- 
ficient to  constitute  it  a  forcible  entry,  this  will  confer  no 
right  upon  the  landlord  for  so  entering.  In  all  other  cases, 
however,  after  the  landlord  thus  enters,  he  may  maintain 
trespass  against  third  parties,  and  even  against  the  tenant 
himself,  if  he  continue  also  to  hold  possession.  He  cannot 
however  forcibly  turn  the  tenant  or  his  family  out  of  pos- 
session ;  that  can  be  done  by  ejectment  only. 

So,  ar  landlord  may  lawfully  enter  upon  the  demised 
premises,  if  he  have  a  right  of  entry  for  any  other  cause. 

But  if  a  landlord,  not  having  any  right  of  entry,  enter 
upon  the  demised  premises  during  the  term,  he  is  just  as 
much  liable  to  an  action  of  trespass  at  the  suit  of  his  ten- 
ant, as  any  other  stranger  would  be. 

If  the  landlord  make- a  violent  and  forcible  entry  into 
the  premises,  after  the  tenant's  term  has  expired,  and  re- 
move the  tenant's  goods,  the  tenant  cannot  maintain  an 
action  of  trespass  against  him  ;  though  the  landlord  may 
be  indicted  for  a  breach  of  the  peace.  —  So,  on  the  other 
hand,  if  the  tenant  keep  possession  of  the  premises  by 
force,  having  in  the  house  unusual  weapons,  and  threat- 
ening violence  to  the  former  possessor,  should  he  return, 
he  is  guilty  of  a  forcible  detainer. 

When  Notice  to  Q,uit  by  Tenant  is  Unnecessary. 

If  the  landlord,  by  any  misconduct  on  his  part,  render 
the  occupation  of  the  tenant  so  uncomfortable,  that  he  is 
obliged  to  quit  the  premises  ;  or  do  any  act  which  amounts 
to  an  assent,  on  his  part,  that  the  tenancy  shall  end  ;  or 
accept  another  person  for  tenant ;  or,  in  the  middle  of  a 
quarter,  accept  the  key  of  the  premises  from  the  tenant, 
under  an  agreement  that  upon  his  giving  up  possession 
the  rent  should  cease,  —  notice  is  unnecessary. 

But  in  a  case  where  the  tenant  had  quitted  the  premises 
before  the  year  was  out,  and  neglected  to  give  his  landlord 
3» 


W  THE   COMMON    LAW     OF 

notice,  and  the  landlord  put  up  a  bill  in  the  window,  and 
endeavored  to  let  the  house ;  it  was  held  that  such  an 
act  on  the  part  of  the  landlord  was  only  for  the  benefit  of 
the  tenant,  and  no  evidence  that  the  landlord  consented 
that  the  tenancy  should  be  put  an  end  to. 

In  Massachusetts,  Connecticut,  and  Pennsylvania,  nei- 
ther the  mortgagor,  nor  the  tenant  of  the  mortgagor,  under 
a  lease  commencing  after  the  delivery  and  recording  of  a 
mortgage  deed,  is  entitled  to  notice,  either  from  the  mort- 
gagee or  his  assignee.     In  New  York  he  is. 

(See  page  6,  as  to  when  a  notice  to  quit  is  not  neces- 
sary to  be  given  a  tenant  at  will.) 

Tenant's  Right  of  Egress  and  Regress. 

-  After  the  tenant  has  quit  possession,  and  his  tenancy  is 
ended,  he  may  enter  upon  the  premises,  in  order  to  re- 
move his  goods  and  chattels.  But  he  can  then  <7nly  take 
away  such  articles  of  personal  property  as  are  detached 
from  the  freehold;  for  such  fixtures  as  the  law  permits  the 
tenant  to  remove  must  be  removed  before  the  expiration 
of  the  tenancy.* 

Emblements. 

Emblements  mean  crops  of  corn,  or  other  produce,  which 
ordinarily  repay  the  tenant  for  his  labor  within  a  year  after 
they  are  sown,  although  in  extraordinary  seasons  they 
may  possibly  be  delayed  beyond  that  period. 

The  general  rule  as  to  the  right  to  emblements  is  this, 

—  if  the  term  for  which  a  tenant  holds,  be  uncertain  or 
contingent,  so  that  at  the  time  he  sows  his  crop,  he  cannot 
know  that  his  tenancy  will  not  continue  until  he  shall  have 
reaped  it,  then  he  shall  be  entitled  to  the  crop  as  emble- 
Hi^nts.  But  if  his  term  be  certain,  and  not  depending 
upon  any  contingency,  and  at  the  time  he  sows  his  crop 

*  Any  person  is  liable  to  an  action  or  trespass  it  he  enter  upon  premises  pre- 
tioosly  occupied  by  liim,  (but  whose  leaRe  hns  expired,)  tor  the  purpose  or  re- 
moving liis  goods  and  chattels,  as  his  property  in  them  does  not  give  him  the  right 
toenter  upon  the  premises.  Still  he  hns  a  legal  tiile  to  such  goods  and  chattels, 
and  also  to  such  fixtures  put  up  by  himself,  ns  were  detached  from  the  rreehold 
before  his  term  expired  ;  and  if  the  landlord  will  not  permit  him  to  enter  and 
taiie  thnm,  lie  may  sue  the  landlord,  in  trover,  after  demand,  and  also  he  may 
have  a  writ  of  replevin.  Yet  the  landlord,  in  an  action  of  trespass,  would  pro< 
bably  recover  only  nominal  damages  if  the  tenant  should  peaceably  enter  within 
a  reasonable  time  alter  the  determinauon  of  the  lease,  for  the  purpose  of  hh 
movin!!  his  goods. 

It  is  held  that  if  the  injury  is  not,  in  legal  conlemplaiioD,  forcible,  or  not 
direct  aud  immediaie,  but  only  consequential,  the  remedy  is  by  action  on  the 


LANDLORD   AND    TENANT.  35 

he  knows  that  his  term  will  not  continue  until  he  shall 
have  reaped  it,  then  he  will  not  be  entitled  to  the  crop  as 
emblements;  he  may  be  entitled  toil  as  an  oflfgoing  crop, 
or  to  tlie  value  of  it,  by  express  stipulation  with  his  land- 
lord, or  by  the  local  custom  of  the  country,  but  not  as 
emblements.* 

Where  the  determination  of  an  estate  for  years  is  cer- 
tain, as  where  lands  are  let  for  two  years,  or  the  like, 
the  tenant  is  not  entitled  to  emblements;  for  it  was  his 
own  folly  to  sow,  when  he  knew  he  could  not  reap. 

Where  an  estate  at  will  is  determined  by  the  lessor,  the 
tenant  is  entitled  to  the  corn  sown  and  other  emblements; 
but  it  is  otherwise,  if  the  tenant  determine  the  tenancy. 

If  a  husband,  seized  in  right  of  his  wife,  sow  the  land, 
and  die,'  his  executors  shall  have  the  emblements. 

If  there  be  a  clause  of  re-entry  in  a  lease  for  non-per- 
formance of  covenants,  and  the  lessee,  after  sowing  the 
land  and  before  severance,  does  or  omits  to  do  some  act, 
which  is  a  breach  of  one  of  the  covenants,  he  is  not  enti- 
tled to  emblements  ;  for  he  himself,  by  his  act  or  neglect, 
has  put  an  end  to  the  term. 

If  by  express  agreement  between  the  lessor  and  lessee, 
the  latter  is  to  have  the  emblements  at  the  end  of  the  term, 
he  shall  have  them,  whether  he  would  otherwise  be  enti- 
tled to  them  or  not. 

Rights  and  Liabilities  of  Outgoing  Tenants, 

As  soon  as  the  tenancy  has  expired,  the  tenant  is  bound 
peaceably  and  quietly,  to  deliver  up  to  his  landlord  the 
possession  of  the  premises,  together  with  all  such  build- 
ings and  fixtures  as  belong  to  them. 

Either  the  express  stipulation  between  the  parties,  or 
the  custom  of  the  country  upon  the  subject,  must  deter- 
mine the  tenant's  rights;  if  there  be  neither,  the  crops 
which  are  in  the  ground,  or  not  severed  at  the  end  of  the 
term,  belong  to  the  landlord,  unless  the  right  to  enter  and 
secure  grain,  after  the  expiration  of  the  term,  is  so  ex- 
pressed in  the  lease. 

All  the  straw,  hay,  manure,  corn,  severed  —  dead  and 
Kve  stock  —  every  personal  chattel  upon  the  farm  at  the 

*  ir  a  tenant  is  eniiiled  to  emMemenis  after  the  determination  of  his  term, 
he  may  maintain  trespass  aeainst  his  landlord  for  forcibly  preventing  his  tak- 
ing  them  away.  — 9  Johns.  R.  108. 


36  THE  COMMON   LAW   OP 

expiration  of  the  tenancy,  belongs  to  the  tenant,  and  may 
be  removed  by  him,  unless  there  be  some  custom  of  the 
country,  or  some  express  stipulation  between  him  and  his 
landlord,  to  the  contrary.* 

Landlord's  Fixtures. 

AH  things  fixed  to  the  freehold  at  the  commencement 
of  the  tenancy  belong,  without  exception,  to  the  landlord. 

So  all  things  fixed  to  the  freehold  by  the  landlord  during 
the  tenancy. 

So  all  things  fixed  to  the  freehold,  which  have  been 
afiixed  by  the  tenant  during  the  term,  become  thereby  the 
property  of  the  landlord,  if  they  be  not  what  are  termed 
tennnt's  fixtures,  or  trade  fixtures. 

So,  all  things  fixed  to  the  freehold,  which  remain  so 
fixed  at  the  expiration  of  the  term,  or  sooner  determination 
of  the  tenancy,  become  the  property  of  the  landlord, 
whether  they  be  landlord's  fixtures,  or  tenant's  fixtures, 
or  trade  fixtures,  unless  the  tenant  remove  them  either 
before  the  determination  of  the  tenancy,  or  before  such 
farther  time  as  the  tenant  is  allowed  to  retain  possession, 
under  circumstances  which  warrant  him  in  considering 
himself  still  as  tenant. —  \  Salk.  3C8. 

So,  if  the  tenancy  be  determined  by  forfeiture,  all  such 
things  become  the  property  of  the  landlord. 

Tenant's  or  Domestic  Fixtures. 

Domestic  fixtures  include  all  such  articles  as  a  tenant 
fixes  to  a  dwelling-house  in  order  to  render  its  occupation 
more  comfortable  and  convenient,  and  may  be  separated 
from  it  without  doing  substantial  injury  —  such  as  grates, 
beds  nailed  to  the  wall,  cooking  ranges,  marble  chimney- 
pieces;  or  other  fixtures  which  are  merely  attached  to  the 
walls  with  screws,  he  can  take  away  before  the  end  of  the 


*  If  an  outgoing  tenant  at  will,  or  for  years,  remove  or  sell  manare  made  in 
the  ordinary  course  of  husbandry,  no  properly  is  vested  in  the  purchase,  and 
trespass  will  lie  against  him  by  the  landlord. 

An  ouij^oing  tenant  in.  agriculture  is  not  entitled  to  the  manure  made  on  the 
farm  durnig  his  tenancy,  even  though  lying  in  heaps  in  the  farm  yard,  and 
though  it  were  made  by  nis  own  cattle,  and  from  his  own  fodder — 6  Greenl. 
222.     15  Wend.  169. 

When  land  is  sold  and  conveyed,  mannre  lying  about  a  bam,  upon  the  land, 
will  pass  to  the  grantee,  as  incident  to  the  land,  unless  there  be  a  reserva- 
lioa  of  it  in  the  deed.  3  N.  Uamp.  Rep.  503. 


LANDLORD  AND  TENANT.  37 

term.*  But  things  which  he  affixes  to  the  house  in  order 
to  complete  it,  sucli  as  hearth-stones,  doors  and  windows, 
press-locks  and  keys,  he  cannot  take  away. 

So  also  all  substantial  additions  made  to  the  house, 
become  part  of  the  freehold. 

Things  of  mere  ornament,  such  as  hangings,  cur'ains, 
chimney-glasses,  pier-glasses,  and  the  like,  which  are 
merely  fastened  up  to  keep  them  in  their  places,  are  not 
deemed  to  be  fixed  to  the  freehold;  the  lessee  is  entitled 
to  them  at  all  times  before  or  after  the  expiration  of  the 
term,  and  they  never  vest  in  the  lessor.  But  he  can  then 
only  take  such  goods  as  are  detached  from  the  freehold. 
The  general  rule  on  the  subject,  is.  That  all  fixtures  Jired 
hy  thetenanttothe  freehold  during  his  term,  and  that  can 
be  removed  without  doing  substantial  injury  tothepremises^ 
may  be  removed  by  the  tenant  at  any  time  during  his  term^ 
the  yremises  being  left  in  the  same  condition  as  before 
affixation. i 

Tenant's  fixtures  must  be  removed  before  the  tenant 
leaves  the  premises,  or  they  become  part  of  the  freehold. 

Trade  Fixtures.  ' 

All  things  fixed  by  the  tenant  to  the  freehold,  for  the 
purposes  of  trade,  such  as  baker's  ovens,  furnaces,  a 
steam  engine,  counters,  shelves,  benches,  machines,  ci- 
der-mills, presses,  stoves,  grates,  &.C.,  &-c.,  belong  to  the 
tenant,  and  may  be  removed  by  him,  unless  there  is  an 
express  contracJ.to  the  contrary,  between  the  parties. 

The  lessee  may  remove  furnaces,  coppers,  or  other 
utensils  of  trade,  though  fixed  to  the  freehold  during  his 
term  ;  but  if  they  remain  fixed  after  the  end  of  the  term, 
he  shall  not  remove  them. 

This  doctrine  has  been  fully  considered  in  the  Supreme 
Court  of  the  United  States,  where  Judge  Story  held  that 
the  question  whether  a  given  article  is  capable  of  removal 
does  not  depend  upon  the  form  or  size  of  the  building, 

*The  fire-fiame,  fixed  in  acommon  fire-place,  with  brick  between  ilR  tide*  «i4 
the  jambs,  is  a  fixture  :  and  a  tenant  who  has  placed  it  there,  cannot  remove  it 
after  the  expiration  of  nis  tenn,  and  after  leaving  the  prentices,  though  he  may 
before.  —  17  Pick.  IW. 

t  A  tenant  for  life,  years,  or  at  will,  may  remove  all  suchimprovemcnifs  from 
the  freehold  as  he  has  placed  there,  the  removal  of  which  will  not  injtire  th« 
premises,  or  render  them  in  worse  plight  than  when  be  entered.  —  4  Pick.  310. 


38  THE   COMMON   LAW    OF 

wliether  it  has  a  brick  foundation,  is  one  or  more  stories 
high,  or  has  a  chimney  ;  that  the  only  question  is,  whether 
it  is  designed  for  the  purposes  of  trade* 

Farm  Fixtures. 

A  tenant  of  a  farm  is  not  entitled  to  the  exemption  for 
his  farm  fixtures,  or  those  things  which  he  may  have  fixed 
to  the  freehold  for  agricultural  purposes,  which  a  tenant 
in  trade  enjoys  with  respect  to  things  so  fixed  for  the  pur- 
poses of  his  trade. t  Barns,  mills,  greenhouses,  and  other 
buildings,  standing  upon  brick  or  stone,  but  capable  of 
being  moved  without  difficulty,  are  not  fixtures,  and  may 
be  removed  by  the  tenant. 

Gardeners  and  nurserymen  may  remove  trees,  flowers, 
&.C.,  planted  by  them  with  an  express  view  to  sale,  and 
are  entitled  to  them  both  before  and  after  the  expiration 
of  the  term.  But  in  England  it  has  been  holden,  that  a 
tenant,  not  a  gardener  by  trade,  cannot  do  so ;  that  he 
could  not  even  remove  a  border  of  box,  which  had  been 
planted  by  himself. 

Heir  or  Executor's  Right  to  Fixtures. 
The  general  rule  is,  that  he  who  is  entitled  to  the  land 

•  In  an  action  of  Covenant,  where  the  defendant  covenanted  lo  leave  all  ib« 
bttildingg  which  then  were,  or  should  be  erected,  on  th«  premises  during  the 
lerm.  Lord  Kenyon  remarked,  that  if  a  tenant  build  upon  premises  demised  to 
him,  a  substantial  addition  lo  the  house,  or  add  to  its  magnificence,  he  must  leave 
his  additions  at  the  expiration  of  his  term,  for  the  benefit  of  his  landlord  ;  but 
the  law  will  make  the  most  favorable  construction  for  the  tenant,  where  he  has 
made  necessary  and  useful  erections  for  his  trade  or  manufacture,  nnd  which 
enable  him  to  carr>'  it  on  with  more  advantage.  It  has  been  so  held  in  the  case 
of  cider  mills,  and  in  other  cases;  and  1  shall  not  narrow  the  law,  but  hold 
erections  of  this  sort,  (two  Dutch  barns)  made  for  the  benefit  of  trade,  or  con- 
•trucied  as  the  present,  lo  be  removed  at  the  end  of  the  term. 

"  Oibbt  contended,  that  by  the  express  words  of  the  covenant  the  tenant 
was  to  leave  all  erections  made  on  the  premises,  at  the  end  of  the  term  " 

"  Lord  Ktnyon  —  I  am  aware  of  that,  and  am  not  sure  that  it  concludes  the 
question.  It  means  that  the  tenant  rhall  leave  all  those  buildii.gfi  which  are  an> 
nexed  to  and  becume  part  of  the  icvemionary  estate."  —  3  Esp.  12. 

Though  a  building  may  be  raixed  on  a  brick  foundation,  and  have  a  brick 
chimney,  if  ihe  erection  on  such  foundation  is  of  wood,  and  the  building  lie  used 
for  the  purposes  of  trade  or  manufacture,  the  tenant  may  remove  it  at  the  end 
of  his  terra.  —  4  Esp.  33. 

Fixtures  erected  by  tenan«  for  carrying  on  his  trade  are  personal  property. 

t  lyird  Kenyon  said,  that  the  old  cases  leaned  to  consider  as  realty,  what- 
ever was  annexed  to  the  freehold  by  the  occupier;  but  iu  modern  times  the 
leaning  has  always  been  the  oiher  way,  in  favor  of  the  tenant  in  support  of 
ihe  inieresis  of  trade.  lie  asked,  what  lenani  will  lay  oui  money  in  costly 
improvemenis  in  ihe  erection  of  greeii-housps,  and  hot-houses,  if  he  be  obliged 
to  leave  them  on  the  premises? — 2  East.  90. 

A  tenant  may  take  and  carry  away  any  buildings  erected  by  him  on  the 
land,  which  are  not  so  fixed  to  the  freehold,  or  connected  with  the  toil,  that  tliejr 
cannot  be  removed  without  prejudice  —6  Mass.  411. 


LANDLORD   AND   TENANT.  39 

is  entitled  to  everything  fixed  to  it.  Where  a  person  dies, 
possessed  of  a  term  for  years  in  land,  everyth'ing  fixed  to 
the  land,  as  well  as  the  term  itself,  goto  his  executors  or 
administrator.  II  he  die  seized  of  an  estate  in  fee,  the 
land  and  everything  fixed  to  it  goes  to  the  heir. 

If  a  trade  be  curried  on  upon  the  land,  then  everything 
erected  for  the  purposes  of  the  trade  goes  to  the  executor ; 
the  land  itself  to  the  heir.  —  H.  Bl.  259. 

In  case  of  executions  against  the  tenant,  the  sheriff  may 
seize,  remove,  and  sell  all  fixtures  the  tenant  himself  might 
remove  during  his  term ;  but  the  sheriff  cannot  seize 
them  after  the  tenancy  is  at  an  end,  and  the  landlord  has 
obtained  possession.  So  if  they  have  been  mortgaged  by 
the  tenant  they  cannot  be  taken  in  execution  for  his  debt. 

A  landlord  cannot  distrain  fixtures  for  rent;  not  even 
those  the  tenant  would  be  entitled  to  remove. —  12  B.  895. 
10  Law.  J.  294. 

Repairs,  by  whom  to  be  made  when  Letting  is  by 
Written  Lease. 

The  subject  of  repairs  is  one  that  gives  ri.se  to  more 
disputes  between  landlord  and  tenant  than  any  other, 
from  the  fact  that  there  is  no  other  subject  respecting 
which  both  landlord  and  tenant  are  so  ignrrant. 

The  landlord  is  in  no  case  bound  to  repair  the  premises, 
unless  he  has  agreed  to.  And  if  the  premises  be  out 
of  repair,  the  tenant  cannot  make  repairs  at  the  expense 
of  the  landlord,  or  deduct  the  amount  of  them  out  of 
the  rent,  unless  there  is  a  special  agreement  to  that 
effect  betwee'n  the  tenant  and  the  landlord. — 6  Cowen, 
475. 

Having  put  the  tenant  into  possession  of  the  demised 
premises,  or  placed  them  at  his  disposal,  and  clothed  him 
with  the  legal  title  to  the  possession  and  occupation 
thereof  for  the  term  granted  by  the  lease,  the  lessor  has 
done  all  that  it  is  necessary  for  him  to  do  to  entitle  him- 
self to  the  rent  at  the  time  that  it  is  made  due  and  pay- 
able ;  there  is  no  implied  warranty  on  his  part  that  the 
premises  are,  at  the  time  of  the  demise,  or  that  they  shall 
continue  to  be,  during  the  term,  in  any  particular  state 
or  condition,  or  fit  for  any  particular  purpose ;  and  the 
tenant  therefore  is  bound  to  pay  his  rent,  although  the 
premises  are  not  fit  for  the  purpose  for  which  he  required 


40  THE    COMMON    LAW    OP 

them,  and  although  he  may  have  had  no  beneficial  use  or 
enjoyment  thereof. — 7  Meson  &,  Welsby,  577. 

If,  indeed,  the  landlord  has  been  guilty  of  any  fraudulent 
concealment  of  defects  which  ought  in  good  faith  to  have 
been  disclosed,  or  has  resorted  to  any  misrepresentation 
calculated  to  mislead  the  tenant  in  some  important  partic- 
ular as  to  the  state  and  condition  of  the  leased  premises, 
the  contract  would  be  void,  and  the  tenant  would  be  dis- 
charged from  the  rent ;  but  in  the  absence  of  all  fraud 
and  deceit,  he  is  bound  by  his  express  covenant  or  con- 
tract, and  must  pay  his  rent,  although  he  has  not  had  that 
beneficial  use  and  enjoyment  of  the  demised  premises 
which  was  anticipated. 

This  is  a  most  important  fact  to  be  borne  in  mind  by 
the  lessee  in  hiring  premises.  It  is  pretty  generally 
believed  that  a  landlord,  in  letting  a  house,  impliedly 
covenants  that  it  is  in  a  fit  and  proper  state  for  habitation  ; 
and  (his  opinion  would  seem  to  have  received  the  sanction 
of  the  courts  of  England  in  several  cases  ;  but  in  a  recent 
case  in  that  country,  where  the  whole  law  upon  this  sub- 
ject was  very  carefully  examined,  and  the  question  very 
ably  discussed,  the  court  decided  that  in  cases  of  leases 
o{  unfurnished  houses,  there  was  no  implied  warranty  or 
engagement  on  the  part  of  the  landlord,  that  the  house  was 
at  the  time  of  the  letting,  or  should  be  at  the  commence- 
ment of  the  term,  in  a  fit  and  proper  state  and  condition 
for  habitation.— 12  M.  «&,  W.,  68. 

The  above  case  refers  to  the  letting  of  unfurnished 
houses  ;  it  would  seem,  however,  that  a  man  who  lets  a 
ready-furnished  house  does  so  under  the  implied  condition 
or  obligation  that  the  house  is  in  a  fit  state  to  be  inhabited ; 
and  in  one  case  where  it  was  not,  the  house  being  greatly 
infested  with  bugs,  it  was  held  the  tenant  might  quit 
without  notice. —  1 1  M.  &,  W.,  5. 

It  would  be  well,  therefore,  for  tenants  to  have  inserted 
in  their  leases  a  covenant  "that  the  premises  are  in  good 
tenantable  condition,  and  especially  that  the  outbuildings, 
privy,  &C.,  are  in  good  repair."  As,  however,  the  tenant 
usually  examines  the  premises  pretty  carefully  before 
hirmg,  few  cases  of  difficulty  occur  from  the  absence  of 
such  a  covenant. 

The  tenant,  ni  hiring,  should  always  remember  that 
there  is  no  implied  covenant  on  the  part  of  the  landlord 


LANDLORD    AND   TENANT.  41 

as  to  the  condition  in  which  the  premises  shall  continue 
during  the  term;  if,  therefore,  the  premises  become  un- 
inhnbitable  during  the  term  from  any  cause  other  than  the 
fault  of  the  landlord,  the  tenant  is  nevertheless  bound  to 
pay  the  rent.  In  a  recent  case,  it  appeared  that  the 
building  had  become  uninhabitable  by  reason  of  the 
buildings  settling,  causing  large  gaps  in  the  wall,  and 
that  the  only  means  by  which  it  could  be  repaired  was  by 
shorirjg  up  and  underpinning  the  house,  pulling  down  the 
front  wall  and  rebuilding  it,  laying,  an  entirely  new 
foundation,  and  making  a  sewer  to  carry  off  the  water  ; 
and  that  the  mischief  was  not  to  be  ascribed  to  the  want 
of  ordinary  repairs,  or  to  any  injury,  but  simply  to  the 
original  badness  of  the  foundation,  which  consisted  of 
soft  brick,  and  to  the  marshy  nature  of  the  soil.  It  was 
held  that  the  landlord  was  under  no  implied  obligation  to 
repair  in  such  a  case,  and  that  the  tenant  could  not  quit, 
but  n)ust  pay  his  rent. — 10  M.  &,  W.,  321. 

The  cases  in  which  the  tenant  has  been  allowed  to 
withdraw  himself  from  the  tenancy,  and  to  refuse  the 
payment  of  rent,  are  cases  where  there  has  been  either 
error  or  fraudulent  misdescription  of  the  premises,  or 
where  the  premises  have  been  found  to  be  uninhabitable 
by  the  wrongful  act  or  default  of  the  lanSlord. — Ibid. 

This  will  be  further  considered  under  the  head  "  Ex- 
press Covenants  and  Agreements  to  Repair,"  where 
some  covenants,  designed  to  protect  the  tenant  from  the 
payment  of  rent  in  case  the  building  becomes  untenantable, 
will  be  given.     (See  p.  43.) 

Implied  Covenants  on  the  part  of  the  Lessee  to 
Repair. 

In  the  absence  of  an  express  covenant  or  agreement  to 
repair,  the  lessee  is  not  bound  to  rebuild  a  house  leased 
to  him,  which  has  been  burnt  by  an  accidental  fire,  or 
consumed  through  the  negligence  and  folly  of  his  own 
servants. — 10  Bing.,  385. 

But  there  results  from  the  leasing,  and  acceptance  of 
the  lease  by  the  lessee,  nn  implied  covenant  or  promise  to 
use  the  property  leased  in  a  tcnant'hkc  and  proper  man^ 
ner ;  to  take  reasonable  care  of  it,  and  restore  it,  at  the 
expiration  of  the  term  for  which  it  is  hired,  in  the  same 
state  and  condition  as  it  was  in  when  leased,  subject  only 
4 


42  THE   COMMON   LAW   OF 

to  the  deterioration  produced  hy  ordinary  wear  and  tear, 
and  the  reasonable  use  of  it  for  the  purpose  for  which  it 
was  known  to  be  required. — (12  M.  &  W.,  827.)  In 
fulfilment  of  this  implied  covenant  or  promise,  the  lessee 
is  bound  to  keep  the  premises  wind  and  water  tight,  and 
in  a  habitable  state,  if  they  were  in  good  repair  and  con- 
dition at  the  time  of  the  demise.  He  must  cleanse  the 
drains  and  sewers,  and  amend  all  trifling  external  injuries 
to  the  buildings,  which,  if  neglected  and  left  unrepaired, 
would  operate  to  the  serious  and  lasting  injury  of  the 
estate. — (3  Ad.  &  E.,  N.  S.,  449.)  He  must  not  suffer 
the  roof  to  remain  uncovered,  so  as  to  let  the  timbers  rot. 
If  windows  are  broken  by  the  wind  and  hail,  or  tiles  are 
blown  off,  or  accidentally  broken,  he  is  liable  for  the  non- 
repair of  them,  if  the  consequences  of  his  neglect  would 
be  damage  to  the  building  from  rain. — 7  M.  &  W.  1548 ; 
12  M  «fc.  W.,  827. 

But  the  tenant  is  not  bound  to  make  substantial  and 
lasting  repairs,  such  as  new  roofing  ;  nor  is  he  responsible 
for  ordinary  loear  and  tear,  deterioration  from  age,  or 
inevitable  accident ;  and  the  extent  of  his  liability  depends 
upon  the  age  and  general  state  and  condition  of  the 
demised  premises  at  the  time  he  took  possession  of  them, 
and  the  duration'and  value  of  his  own  term  and  interest 
in  the  property.  A  tenant  from  year  to  year,  for  example, 
whose  estate  may  be  determined  by  the  landlord,  as 
we  have  seen,  by  a  six  months'  notice  to  quit,  ending 
with  the  current  year  of  hiring,  would  never  be  expected 
to  go  to  the  same  amount  of  expense  for  the  repair  and 
preservation  of  the  property,  as  a  tenant  for  a  term  of 
years. 

The  tenant  of  farms,  orchards,  gardens,  and  lands  for 
tillage  and  cultivation,  likewise  impliedly  covenants  or 
promises,  to  use  and  cultivate  the  land,  and  manure  the 
soil,  according  to  the  custom  of  the  country,  and  the 
prevalent  course  of  good  husbandry  in  the  district  where 
the  land  is  situate  ;  and  to  take  all  reasonable  care  of  the 
garden  and  orchard. 

The  tenant  is  moreover  bound  to  keep  the  fences  and 
ditches,  sea  walls  and  boundaries,  in  good  order,  and  in 
reasonable  state  of  repair  ;  the  extent  of  his  liability  in 
this  respect  must  materially  depend  upon  the  duration  of 
his  lease.— 4  T.  R.  318. 


landlord  and  tenant.  43 

Express  Covenants  and  Agreements  to  Repair. 

When  the  tenant  has  entered  into  an  express  covenant 
or  agreement  to  "  repair,  uphold,  and  keep  in  repair"  a 
house,  or  any  other  structure  or  building  demised  to 
him,  he  is  bound  to  rebuild  or  reconstruct  it  if  it  be  burnt 
by  an  accidental  fire,  or  be  blown  down  by  teujpest,  or 
destroyed  by  floods,  or  by  an  inevitable  accident. — (2 
Saund.,  421,  a.)  The  printed  forms  of  leases  in  most 
common  use  contain  a  clause  "  excepting  injuries  by  fire 
and  other  casualties ;"  and  lessees  should  be  careful  to 
see  that  this  clause  is  not  omitted. 

In  covenants  by  the  tenant  to  "  repair  and  leave  the 
premises  in  the  same  state  as  he  found  them,"  he  is  to 
take  care  that  the  tenements  do  not  suffer  more  than  the 
natural  operation  of  time  and  nature  would  effect.  He  is. 
only  bound  to  keep  up  an  old  house  as  an  old  house;  to 
use  his  best  endeavors  to  keep  the  premises  in  the  same 
tenantable  repair  in  which  he  found  ihem,  (or  natural  and 
unavoidable  decay  does  not  amount  to  a  breach  of  the 
covenant.  These  are  the  covenants  usually  found  in  the 
leases  most  in  use. 

It  has  been  seen  that  if  the  premises  become  uninhabit- 
able during  the  term,  the  tenant,  in  the  absence  of  any 
express  agreement,  is  nevertheless  liable  to  pay  the  rent. 
Instead,  therefore,  of  the  usual  covenants  on  the  part  ot 
the  tenant,  "  to  repair,  and  leave  the  premises  in  the 
same  state  as  he  found  them,"  I  would  advise  a  tenant 
to  have  inserted  in  the  lease  a  covenant  "  that  he  will 
commit  no  voluntary  waste ;  and  that  if,  at  any  time 
during  the  term,  the  premises  become  untenantable  from 
any  cause  other  than  the  wrongful  acts  of  the  tenant,  and 
the  landlord  does  not,  upon  notice  of  the  fact,  forthwith 
(or  in  a  reasonable  time)  put  the  premises  in  tenantable 
condition,  then  the  tenant  may  leave,  and  the  tenancy  shall 
thereupon  be  determined."  A  further  condition  might  be 
inserted  to  the  ellect,  *'  that  if  the  landlord,  upon  notice, 
makes  the  necessary  repairs,  and  in  so  doing  the  tenant 
is  deprived  of  the  beneficial  enjoyment  of  the  premises, 
or  suffers  any  injury  in  the  occupation  thereof  while  such 
repairs  are  being  made,  then  a  reasonable  deduction  shall 
be  made  from  the  rent." 

If  it  is  the  intention  of  the  parties  that  the  tenant  shall 


44  THE   COMMON   LAW   OF 

make  such  slight  repairs  as  from  time  to  time,  in  the 
ordinary  course  of  things,  may  become  necessary,  then, 
after  the  covenant  against  voluntary  waste,  a  condition 
might  be  inserted  "  that  if  the  premises  at  any  time  during 
the  term  should  become  untenantable  from  any  cause 
other  than  the  wrongful  acts  of  the  tenant,  and  the  repairs 
necessary  to  render  the  premises  tenantable  shall  exceed  the 

sum  of dollars,  and  the  landlord  does  not,  upon  notice 

of  the  fact,  forthwith  (or  in  a  reasonable  time)  put  the 
premises  in  tenantable  condition,  then  the  tenant  may 
leave,  and  the  tenancy  shall  thereupon  be  determined." 

The  usual  covenants  may  be  suffered  to  remain,  and 
additional  covenants  inserted,  to  the  effect,  "  that  the  land- 
lord shall  keep  the  roof  and  outside  walls  of  the  house  tight, 
or  shall  keep  the  house  in  good  repair,  and  shall  paint 
the  outside  walls  once  in  a  certain  number  of  years,"  and 
shall  paint  the  inside,  or  paper  the  rooms,  &c.  &c. 

Covenants  ought  also  to  be  inserted  to  the  effect,  "  that 
if  the  outbuildings,  privy,  &c.,  get  out  of  repair,  so  as  to 
be  unfit  for  use,  or,  so  as  to  become  a  nuisance,  from  any 
cause  other  than  the  wrongful  acts  of  the  tenant,  and  the 
landlord  does  not,  upon  notice,  repair  the  same  within  a 
reasonable  time,  then  the  tenant  may  repair  the  same,  and 
deduct  the  expense  thereof  from  his  rent."  Covenants  to 
this  effect  are  seldom,  if  ever,  found  in  the  printed  forms 
of  leases,  and  the  tenant  is,  in  the  absence  of  any  agree- 
ment, sometimes  put  to  considerable  expense  to  repair 
privies,  the  vaults  of  which  have  burst  either  from  age 
or  improper  construction. 

Especial  care  should  be  taken  in  hiring  buildings 
erected  on  newly-made  land,  or  having  flat,  composition 
roofs,  to  have  covenants  inserted  in  the  lease  protecting 
the  tenant  from  all  liability  in  case  the  premises  become 
untenantable. 

Covenants  respecting  Water. 

The  subject  of  Water  is  another  source  of  difficulty 
between  landlords  and  tenants.  The  pumps  get  out  of 
order,  the  well  wants  cleaning,  or  the  water  fails,  or  the 
supply  is  cut  off,  &.C.  &c.,  and  the  tenant  is  obliged  to 
buy  water.  The  opinion  seems  to  be  entertained  by 
many  persons,  that  the  expense  thus  incurred  in  pur- 
chasing water  is  to  be  borne  by  the  landlord,  and  some 


LANDLORD   AND   TENANT.  45 

suppose  the  failure  of  water  to  be  a  sufficient  cause  for 
vacating  the  premises,  unless  the  landlord  assumes  the 
expense  of  procuring  it  elsewhere.  In  one  case  (and  I 
can  find  but  one  upon  the  subject)  where  the  pump 
got  out  of  order,  the  court  held  that  the  landlord,  in 
the  absence  of  any  express  agreement,  was  not  bound 
to  keep  the  pump  in  repair.  And  upon  general  princi- 
ples, it  would  seem  that  the  landlord  is  under  no  implied 
obligation  to  keep  the  water  fixtures,  or  well  in  repair,  or 
clean,  and  that  it  is  no  cause  for  an  abatement  of  the 
rent,  or  for  the  tenant's  leaving,  that  the  water  becomes 
impure  or  fails,  unless  such  impurity  or  failure  be  occa- 
sioned by  the  fault  of  the  landlord. 

If,  therefore,  it  is  the  understanding  that  the  tenant  is 
to  have  a  good  supply  of  water,  he  should  be  careful  to 
have  a  covenant  inserted  in  the  lease  to  the  effect,  "  that  if 
at  any  time  the  water  fixtures  (a  pump)  get  out  of  repair, 
or  the  water  becomes  impure,  from  any  other  cause  than 
the  wrongful  acts  of  the  tenant,  the  landlord  shall,  upon 
notice  thereof,  cause  the  necessary  repairs  and  cleansing 
to  be  made  in  a  reasonable  time ;  and  that  if  the  tenant 
is  obliged  to  buy  water  on  account  of  the  water  fixtures 
being  out  of  repair,  or  of  the  failure  or  impurity  of  the 
water,  the  expense  thus  incurred,  the  tenant  having  given 
the  landlord  reasonable  notice  of  the  fact,  shall  be  deduct- 
ed from  the  rent,"  provided,  however,  "  that  if  the  land- 
lord, upon  notice,  offers  to  furnish  the  tenant  with  a  good 
and  sufficient  supply  of  good  water,  the  tenant  shall  not 
purchase  it  elsewhere  at  the  expense  of  the  landlord." 

Waste. 

Waste  is  a  spoil  or  destruction  in  houses,  flower  gardens, 
fences,  trees,  &c.,  of  an  estate,  to  the  injury  of  him  who 
has  the  remainder  or  reversion. 

It  is  either  voluntary  or  permissive.  Voluntary,  as 
when  a  tenant  destroys  a  house,  garden,  trees,  &-c.  —  per- 
missive, when  he  neglects  to  do  what  might  have  pre- 
vented the  waste,  as  by  suffering  the  house  to  fall  for  want 
of  necessary  repairs. 

The  omission  of  a  tenant  to  keep  the  premises  in  what 
is  called  tenantable  repair,  subjects  him  to  an  action  for 
waste.     The  natural  and  unavoidable  decay  of  buildings, 
is  always  allowed  for. 
4* 


46  THE    COMMON   LAW    OF 

So,  if  the  lessee  suffer  glass  windows  to  become  broken, 
or  carried  away ;  or  if  he  pull  down  or  remove  any  part 
of  the  house,  as  the  windows,  doors,  or  other  fixtures,  he 
is  guilty  of  waste. 

Whatever  does  a  lasting  damage  to  the  freehold,  is 
waste.  If  the  lessee  alter  the  house  to  the  lessor's  preju- 
dice— as  if  he  turn  a  parlor  into  a  stable,  or  turn  two 
rooms  into  one  ;  or  pull  down,  remove  or  alter,  any  part 
of  the  house  let,  or  fixed  to  the  tenancy  by  the  landlord 
at  the  commencement  or  during  the  tenancy,  even  if  it 
improve  its  value  and  increase  the  rent,  it  is  waste.* 

A  tenant  has  no  right  to  dig  up  and  use  soil  or  wood  on 
the  demised  premi.'ses,  with  a  view  to  the  manufacture  of 
bricks  for  sale;  and  if  he  do  so,  the  landlord  is  entitled 
to  an  injunction  restraining  him.  If  he  dig  up  the  surface 
of  the  land,  it  is  waste  ;  unless  it  be  to  dig  trenches  to 
carry  off  the  water,  or  to  cut  turf  for  actual  use. 

If  a  lessee  cut  down,  destroy,  or  carry  away  any  trees 
growing  for  timber,  (unless  cut  down  for  the  repair  of 
things  useful  on  the  estate,)  ornament,  fruit,  or  shade,  or 
do  any  act  to  cause  them  to  decay,  or  carry  away  any 
wood  or  underwood  standing  or  lying  on  the  land  ;  or 
dig  up  or  carry  away  any  stone,  ore,  or  other  valuable 
thing  found  thereon,  he  is  guilty  of  waste.  The  supreme 
court,  or  court  of  equity,  wdl  grant  an  injunction  to  stay 
waste,  such  as  cutting  down  timber  trees,  &,c.,  and  the 
bill  may  also  pray  for  an  account  of  the  waste  already 
committed. 

If  the  lessee  suffer  the  sea  to  surround  arable  land, 
meadow,  or  pasture,  it  is  waste,  if  it  happen  by  his  default. 
—  2  Rol.  8iG,  1.  40.  So,  if  he  suffer  a  wall  or  bank 
against  the  sea,  or  river,  &,c.,  to  be  ruinous,  whereby  the 
waters  enter,  and  render  the  meadows  useless.  —  Co.  Lit. 
63. 

Assignment. 

[See  Fonn  of  A?*igninent,  p.  107.] 

An  assignment  is  a  transfer  or  making  over  to  another, 
of  a  right  one  has  in  an  estate.     It  differs  from  a  lease  in 

*  Wliere  an  action  arises  fur  a  wrojig  done  under  a  covenam  (waste  com- 
milted  nmler  a  lease  for  iii8ia:ice,)  then  ii  verlial  discharge  is  a  plea  against  any 
future  demand  for  damages,  for  it  doe'<  not  affect  the  covenant. 

If  one  joint  tenant,  or  lejiant  -in  common,  commit  waste,  he  is  subject  to  an 
action  of  waste  at  the  suit  of  a  co-tenant. 

Waste,  committed  by  a  tenant  at  will,  terminates  his  tenancy,  and  rendert 
him  liable  to  an  action  of  trespass  by  the  landlord. 


LANDLORD  AND  TENANT.  47 

this,  that  by  a  lease,  the  lessor  grants  an  interest  less  than 
his  own,  reserving  to  himself  a  reversion  ;  by  assignment, 
he  parts  with  the  whole  property.  —  3  Bl.  Com.  326,  327. 

If  a  man  convey  the  whole  of  his  interest  by  deed,  it  is 
an  assignment,  not  a  lease,  although  by  the  deed  he  re- 
serve rent  to  himself,  and  the  deed  contain  covenants 
which  were  not  in  the  original  lease  or  conveyance  to  him. 
—  1  Doug.  187. 

The  relation  of  landlord  and  tenant  may  be  created, 
either  by  the  lessor  assigning  his  reversion  to  another,  in 
which  case  the  assignee  immediately  becomes  the  landlord 
of  the  lessee  —  or  by  the  lessee  assigning  his  term  to  ano- 
ther, in  which  case  the  assignee  of  the  term  becomes  the 
tenant  of  the  lessor  —  or  by  both  parties  respectively  as- 
signing their  interests  toothers,  in  which  case  the  assignee 
of  the  reversion  immediately  becomes  the  landlord,  and  the 
assignee  of  the  term  the  tenant. 

The  usual  covenants,  on  the  part  of  the  assignor  are, 
that  the  indenture  of  lease  is  good  in  law ;  that  he  has 
power  to  assign ;  to  save  the  assignee  harmless  from  for- 
mer grants  and  incumbrances,  and  for  quiet  enjoyment. 
On  the  part  of  the  assignee,  that  he  will  pay  rent,  or  per- 
form the  services  and  covenants  mentioned  in  the  lease, 
or  save  the  assignor  harmless  therefrom.* 

An  assigtree  must  take  the  thing  assigned,  subject  to 
all  the  equity  to  which  the  original  party  is  subject,  and 
must,  therefore;  perform  all  the  covenants  which  are  an- 
nexed to  the  estate. 

An  assignee  is  not  liable  for  a  breach  of  a  covenant 
made  before  the  assignment  to  him. 

The  assignee  may  discharge  himself  by  a  bona  ^de 
assignment  to  any  one,  except  from,  covenants  running 
with  the  land,  and  broken  during  his  enjoyment.  An 
assignee  is  not  liable  unless  he  accepts  the  assignment. 

Assignee  op  the  Reversion. 

If  the  lessor  assign  his  reversion,  the  assignee  may  have 
an  action  of  debt  for  rent.  —  5  B.  &  C.  512. 


*  The  lessee  is  a)wa>;8  liable  upon  his  covenants,  during  the  icmn,  although 
he  may  have  assigned  it  to  another  ;  he  cannot  even  plead  a  tender  of  the  rent 
by  the  assignee.  4  Taunt.  642.  And  the  lessor's  having  accepted  the  assignee 
as  his  leiiniit,  by  receiving  rent  from  him,  makes  no  difference  in  this  respect. 
It  is  no- defence  whatever  in  covenant,  although  it  would  be  a  defence  in  debt 
for  the  rent,  if  the  acceptance  be  pleaded  and  proved,  but  not  otherwise.  In 
no  case  can  the  landlord  mauiiam  his  action  against  a  mere  under  lessee. 
Dong.  183. 


48  TBE  COMMON   LAW   OF 

Assignee  op  the  Term. 

If  the  lessee  assign  his  term,  the  assignee  may  have  an 
action  of  covenant  against  the  lessor,  or  his  assignee  for 
breach  of  any  covenant  running  with  the  land ;  and  the 
lessor  may  have  debt  for  rent  against  the  lessee,  if  he  have 
not  accepted  the  assignee  of  the  term  as  his  tenant. —  1 
Salk.  80,  81. 

Bankruptcy  of  Tenant. 

In  case  of  the  bankruptcy  of  the  tenant,  his  assignees 
will  be  entitled  to  all  those  fixtures  that  the  bankrupt 
might  by  law  remove  during  his  tenancy. 

Distress  for  Rent. 

In  all  cases  of  a  demise  of  corporeal  hereditaments, 
where  a  rent  certain  is  reserved,  and  made  payable  at  a 
certain  time,  if  such  rent  be  in  arrear,  the  English  common 
law,  which  is  also  the  law  of  some  of  the  States,  permits 
the  party  legally  entitled  to  the  rent  to  distrain  for  it.* 

To  entitle  a  landlord  to  distrain,  there  must  be  a  de- 
mise, express  or  implied.  If  the  tenant  be  let  into  posses- 
sion under  an  agreement  for  a  lease  at  a  certain  rent,  and 
there  is  no  stipulation  in  the  agreement,  that  in  case  a  lease 
be  not  executed,  the  tenant  shall  hold  for  one^year  certain, 
and  no  rent  be  in  fact  paid  <  the  landlord  cannot  distrain 
for  any  rent  during  the  first  year  ;  for  herejs  no  demise,  ex- 
press or  implied,  and  the  occupier  is  merely  a  tenant  at  will. 
—  2  Taunt,  148. 

So,  to  enable  a  landlord  to  distrain,  as  of  common 
right,  he  must  have  reserved  to  himself  a  reversion,  after 
the  term  created  by  the  demise.  —  Co.  Lit.  47a. 

If  a  lessee  underlet,  even  although  he  be  merely  tenant 
from  year  to  year,  he  may  distrain  upon  his  under-tenant 
from  year  to  year,  lor  rent  in  arrear.  —  Moody  &,  M.  493. 

If  the  landlord  be  guilty  of  any  illegal,  excessive,  or 
irregular  distress,  or  if,  having  lawfully  taken  the  distress 
in  the  first  instance,  he  subsequently  abuses  it,  he  is  liable 
to  the  tenant  in  ^n  action  either  of  trespass,  or  trespass.on 
the  case. 

*  The  law  of  distress  is  still  in  force  in  some  oi  the  Soathem  and  Western 
States.    It  has  been  lately  abolished  in  New  York. 

For  farther  information  on  the  Collection  of  Rent,  see  Statute  Laws 
Chapter  III. 


LANDLORD   AND   TENANT.  49 

To  maintain  this  action,  it  is  not  necessary  that  express 
malice  should  be  shown  ;  it  is  sufficient  if  the  goods  taken 
are  greatly  disproportionate  to  the  amount  of  rent  due. 

If  the  landlord  distrains  after  the  tenant  has  tendered 
the  rent,  without  making  a  subsequent  den)and  of  it,  and 
beijig  refused  by  the  tenant,  an  action  may  be  maintained 
for  an  excessive  distress.  The  right  of  action  for  an  ex- 
cessive distress  dies  with  the  person,  and  does  not  pass  to 
assignees  or  personal  representatives. 

Landlord's  Remedy  by  Action  of  Debt,  Covenant, 
AND  Waste. 

Rent  is  recoverable  by  action  of  debt,  whether  payable 
in  money,  or  in  produce  of  land.  In  the  latter  case  the 
value  of  the  produce  may  be  recovered  in  money,  if  not 
paid  in  kind,  at  the  price  it  is  worth  when  due.  Interest 
may  be  recovered  from  the  time  the  rent  becomes  due. 

The  landlord  may  recover,  in  case  of  any  breach  of 
Covenant  contained  in  the  lease,  by  an  action  of  cove- 
nant, and  may  recover  Rent  and  Damages,  if  he  have  sus- 
tained any,  in  consequence  of  his  tenant's  breach  of  his 
covenants  as  to  Insuring,  Repairing,  Assigning,  Under- 
letting, Carrying  on  Offensive  Trade,  &-c. 

If  waste  has  been  committed,  an  action  of  Waste  lies  . 
against  the  tenant  to  recover  the  place  as  wasted,  and  in 
son)e  States  double,  and  in  others,  trehle  damages.  An 
action  of  waste  is  brought  by  him  who  has  a  reversion  in  • 
the  premises,  after  the  termination  of  the  tenancy,  unless 
the  tenant  do  an  act  which  is  injurious  to  the  reversion, 
when  the  landlord  may  bring  an  action  for  damages  during 
the  term.  But  the  action  of  waste,  however,  is  seldom 
resorted  to  in  practice,  at  present,  as  modern  leases  have 
usually  a  clause  in  then),  giving  the  landlord  a  power  ot 
entry  in  case  the  tenant  commit  waste,  and  the  landlord 
thereupon  recovers  the  premises  in  an  ejectment.* 

•  Mode  of  Kjectraeut,  see  page*  31, 32,  and  Stale  Law*,  Chap.  IIL 


60  THE   COMMON   LAW   OF 


landlokd's  remedies  against  the  tenant. 

Vte  and  Occupation.  —  Where  there  was  a  verbal  lease  for  two  years,  but  the 
tenant  never  entered,  the  Court  of  Exchequer  held  he  could  not  be  sued  in  this 
action  as  for  use  and  occupation  ;  for  he  neither  had,  held,  used,  occupied, 
possessed  nor  enjoyed.  1  Cr.  &  J.  391.  So,  where  a  tenant,  by  a  written 
agreement,  has  agreed  to  tal«e  the  premises  from  a  future  day,  it  was  held  not 
sufficient  merely  to  put  in  and  prove  the  agreement,  butlhat  evidence  must  also 
be  given  of  some  occupation  under  it.  7  Car.  &  P.  CIO.  But  if  it  be  proved  that 
the  tenant  took  possession  for  a  time,  however  short,  he  is  liable  to  be  sued  in 
this  action  until  the  end  of  the  term.  6  Bing.  SOC.  And  where  the  detcndaitt 
agreed  to  rent  a  bouse,  and  sent  in  a  woman  to  cleati  it,  and  worlimen  to 

faper  one  of  the  rooms,  this  was  holden  to  be  sufficient  evidence  of  occupation, 
f  a  man  enter  under  an  agreement  for  a  lease,  he  is  tenant  at  will  uniil  the 
lease  is  granted,  or  a  tenancy  from  year  lo  year  can  be  implied  ;  and,  in  the 
meantime,  he  is  liable  in  this  action  forthc  time  he  hasoccupied.  So,  payment 
of  rent  is  a  sufficient  recognition  of  the  right  of  the  landlord  to  support  an  action 
for  use  and  occupation,  although  it  appear  by  the  plaintiff's  evidence  thai  the 
defendant  originally  came  in  under  another  person,  and  that  the  plaintiff  has 
but  an  equitable  title.  So,  any  other  admission  of  the  tenancy  liy  the  tenant, 
either  express  or  implied,  will  enable  the  landlord  to  maintain  this  action 
against  him.  3  Camp.  372. 

If  there  be  a  lease,  or  an  agreement  for  a  lease,  and  there  have  been  no  pay- 
ment of  rent,  or  other  matter  from  which  (independently  of  the  lease  or  agree- 
ment) the  relation  of  landlord  and  tenant  between  the  parlies  may  be  implied, 
Ihe  lease  or  agreement  may  be  proved  in  the  ordinary  way.  7  Car.  &  P.  13. 

The  plaintiff  must  prove  the  amount  of  compensation  he  ought  to  have,  for 
the  use  and  occupation  of  the  premises  during  the  time  for  which  he  alleges 
Tent  to  be  due.  If  there  have  been  no  agreement  between  the  parties,  fixing 
Ihe  rent  to  be  given  for  the  premises,  the  plaintiff  must  prove,  by  witnesses, 
tlie  sum  lor  which  they  could  reasonably  be  let  to  a  tenant ;  or,  if  the  defendant 
have  previously  paid  rent  for  them,  the  amount  of  rent  that  he  paid. 

FoRFEiTDRE.  —  The  tenant  forfeits  his  lease  if  he  do  any  act  by  which  he  im- 
pugns or  disaffirms  the  title  of  his  landlord  ;  if  he  sue  out  a  writ,  or  resort  to  a 
remedy  which  claims  or  supposes  a  right  in  him  to  the  freehold  ;  or  if,  in  an 
action  agaiii-M  him  by  the  landU)rd,  grounded  upon  the  lease,  he  resist  the 
demand  under  a  grant  of  a  higher  interest  in  tne  land  ;  or,  if  by  matter  of 
record  he  acknowledge  the  fee  to  be  in  a  sirunger ;  if  it  be  stipulated  in  the 
tease  or  agreement  under  which  the  tenant  holds  the  premises,  that  if  he  be 
guilly  of  a  breach  of  a  particular  covenant  or  stipulation,  or,  generally,  of  any 
of  the  covenants  in  the  lease,  or  stipulations  in  the  agreement,  on  his  part  to  be 
performed  or  observed,  that  the  landlord  may  re-enter —  if  he  be  guilly  of  any 
such  breach,  the  landlord  may  accordingly  enter,  or  bring  his  ejectment.  Bui 
the  stipulation  in  the  lease  or  agreement  which  gives  this  power  of  re-eniry  is 
construed  very  strictly.  Where  a  lease  contained  a  proviso  for  re-entry,  if  the 
tenant  should  make  default  in  performance  of  any  of  the  covenants  therein  : 
the  court  held  that  it  extended  only  to  affirmative  covenants,  and  not  to  negativt 
covenants,  for  these  were  not  lo  be  performed.  1  B.  &  Ad.  715. 

IVaicer.  —  An  acceptance  of  rent,  which  accrued  subsequent  to  a  forfeiture, 
will  be  aicoirerof  it,  it  the  landlord  knew  of  the  breach  of  the  condition  or  cov- 
enant from  which  it  arose,  at  Ihe  time  he  received  the  rent ;  for  a  receipt  ol 
rent  is  an  admission  that  the  tenancy  is  then  subsisting  —6  B.  !c  C.  519. 

Repairs.  —  If  there  be  a  power  of  re-entry  for  non-performance  of  a  covenant 
\orepair,  or  of  covenants  in  the  lease  generally,  and  one  of  them  be  a  covenant 
to  repair,  and  the  jiremises  are  allowed  to  go  out  of  repair,  the  landlord  may 
bring  an  ejectment  forihwiih  for  the  recovery  of  the  premises,  without  any 
previous  notice  requiring  the  tenant  to  put  them  in  repair,  if  no  such  notice  be 
required  by  the  terms  of  the  lease.  What  defects  in  the  state  of  repair  of  the 
premises  amount  to  a  breach  of  the  covenant,  must  in  all  cases  depend  upon 
ihe  manner  in  which  the  covenant  is  worded,  considered  also  with  reference  to 
the  nature  of  the  premises.  Upon  a  general  covenant  to  repair  and  keep  in  re- 
pair, the  tenanl  is  not  obliged  lo  put  in  new  floors,  or  the  like,  but  merely  to 
repair  the  old  ones,  although  the  new  floor  would  be  the  more  substantial  way 
of  making  the  repair  ;  if  he  keep  the  premises  in  substantial  repair,  it  is  suf- 
ficient. If  the  lease  wereof  a  very  old  building,  it  is  not  meant  by  such  a  cove- 
nant that  the  tenant  should  restore  it  in  an  improved  state,  nor  that  the  conse- 
quences of  the  elements  should  be  averted  ;  but  the  duty  of  the  tenant  is  to 
keep  it  as  nearly  as  may  be  in  the  state  in  which  it  was  at  the  time  of  the 


LANDLORD   AND    TENANT  61 

lease,  by  the  timely  expenditure  of  money  and  care.  The  state  of  the  buildings 
at  the  time  of  the  lense,  however,  must  he  established  by  generul  eviduiioe 
merely,  and  iiui  by  going  into  detuiU.  But  under  a  covenant  sulisinniiiilly  to 
repair,  upliuld,  and  maintain  a  house,  it  has  been  holden  that  the  tenant  wns 
bound  to  keep  up  the  inside  painting;.  And  ilie  covenant  is  often  I'niined  in 
such  a  way,  as  to  oblige  the  tenant  to  do  much  more  than  he  would  be  bound 
to  do  by  the  terms  of  the  ordinary  coveimnt  to  repair,  and  it  must  be  construed 
accordingly.  A  mere  enlargment  of  windows,  opening  external  doors,  tnking 
down  piirtinons,  or  ma^ing  other  alteration.s  in  the  premises,  houevcr,  cannot 
be  deemed  a  lireacli  of  a  covenant  to  keep  the  premises  in  repair ;  they  may  be 
waste,  in  the  legal  acceptation  of  the  term,  but  they  are  not  a  breach  ofu  cove- 
nant to  repair.  — 4  B.  &  Ad.  120. 

Whether  under  a  covenant  to  repair  and  keep  in  repair,  the  tennnt  is  bound 
to  rebuild  the  premises  in  case  they  are  destroyed  by  fire,  was  at  one  time  con- 
sidered doubtful.  But  it  is  now  well  established  'hat  he  is  bound  to  reliuild, 
6  T.  K.  651) ;  unless  in  the  covenant  casualties  by  fire  be  expressly  excepted, 
6  T.  K.  'iSS  ;  or  there  be  an  expres.*  covenant  by  the  landlord  him-elf  to  rebuild 
in  such  a  case.  Besides  proving  the  want  of  repair,  the  plaiiitilf  must  prove 
the  damage  sustained  by  the  breach  of  covenant. —  7  Alees.  &  W.  001. 

Insaraitce.  —  The  landlord  may  bring  an  ejectment,  if  the  tenant  covenanted 
to  keep  the  premises  insured,  and  has  not,  or  have  failed  in  payment  of  the 
premium. 

h'ojte.  —  Where  a  right  of  entry  is  reserved  to  a  landlord,  in  case  his  ten- 
ant commits  waste,  it  is  generally  construed  to  be  such  waste  as  may  be  in- 
jurious lo  the  reversion. 

Anni^niiig  uT  UndtrUuinsr.  —  In  thi.s,  as  in  all  other  cases  of  forfeiture,  the 
covenant  or  ^lipulution  not  to  assign  or  underlet,  Jkc,  is  construed  strictly  in 
favor  of  the  tenant,  and  against  the  forfeiture.  A  proviso  for  recniry,  if  the 
tenant  shall  assign  the  premises,  does  not  prevent  him  iVom  umlerleusijig 
part  of  ihem.  Kven  u  proviso  not  to  assign,  transfer,  sel  over,  oi  otherwise  do 
or  put  away  the  lease  or  premises,  has  been  boldeii  noi  to  extend  to  such  an  uii- 
dciteiise.  Bui  a  covenant  not  to  let  or  assign,  cumirehenils  an  uiidcrltase.  A 
covenant  not  'o  underlet  the  premises,  is  not  broken  by  letting  part  of  them  in 
lodgings.  —  4  Camp.  77. 

Carri)oig  on  a  Trade. —  A  covenant  existing  on  the  part  ol"  the  ten  mt  not  te 
carry  on  any  particular  specified  trade,  or  allow  the  samelo  be  carried  on  in 
the  house  ;  if  a  power  of  re-eiury  be  reserved  in  such  a  case,  the  landlord  may 
enter,  upon  findi  g  any  trade  carried  on  in  it,  strictly  within  the  meaning  of  the 
covenant. 

Bui'.iUng.t. —  Where  land  is  let  to  a  man,  upon  which  he  a.irrees  to  erect  a 
building  thtreiin  within  a  certain  time,  wiih  a  power  of  re-entry  to  ilie  land- 
lord in  case  he  tails  to  do  so,  bul  no  lease  is  granted  until  llie  liuildings  shall  be 
completed  :  if  he  fail  in  erecting  the  buildings  within  tlie  time,  the  landlord  may 
muintuin  ejecimfiit  to  recover  the  premises 

AiiH-piiu'iient  of  RenL  —  The  landlurd  must  prove  that  a  demanrl  was  made 
for  the  rent,  and  ihat  the  same  orsoini;  part  thereof  has  not  been  p:iiil.  4  l.e<in. 
6.  And  a  demand  in  fact  must  be  proved,  although  there  may  have  lieeii  no 
persi.n  on  the  premises  at  the  lime  ready  to  pay  the  rent.  Plnwil.  70  The  de- 
mand must  be  of  the  precise  sum  due  ;  if  he  have  demanded  a  penny  more  or 
less,  II  %vi|l  be  ill.   1  Leon.  305. 

It  inusi  iippearto  have  been  made  precisely  upon  the  day  when  the  rent  wa« 
due  and  payable  by  the  terms  of  lease.  1  Leon.  .305.  As,  where  the  proviso  is, 
tliat  if  ihe  rent  sh.ili  be  behind  and  unpaid  by  the  space  of  ihiriy,  or  any  uthcr 
number  nf  ilay-,  after  the  days  of  payment,  it  shall  be  lawful  for  the  landlord  to 
re-enter ;  the  demand  must  be  made  on  the  30lh,  or  other  last  day.  Co.  Lit.  2i^J- 
And  where  lli«  rent  was  payabbi  quarterly,  and  two  quarters  being  in  arrear, 
the  landlord  ileinanded  the  am"unt  of  both  ;  it  was  holden  that  he  could  not  re- 
cover fur  forfeiture  ;  for  us  to  the  first  quarter,  it  was  not  demanded  at  the  day. 
-3  Car.  &.  Payne,  613. 

I'he  demand  must  be  made  at  n.convenient  time  before  sunset,  upon  the 
land,  and  at  the  most  notorious  place  of  it.  1  Saund. '.io?.  Therefore,  if  there 
be  a  dwelling-himse  upon  the  land,  the  demand  must  be  made  ai  the  front  or 
fore  dour;  but  it  is  not  necessary  to  enterthe  house,  although  the  door  be  open, 
Bui  if  the  landlord  demand  it  ol  an  underteiinnt,  or  any  other  persim  he  may 
find  there,  provided  it  l)e  u|H>n  Ihe  land,  it  will  be  sufficient  ;  and  it  will  he  no 
objectKMi  lo  say  that  he  ought  lo  h.ive  demanded  the  rent  gener.dly.  his  imme- 
diate tenant  not  being  there,  and  not  to  have  demanded  it  "of  an  underirnaiil.  2 
1>.  «.  K.  "29.  All  this,  however,  mast  be  understood  of  cases  where  the  lease 
•pecifies  no  place  at  which  the  rent  is  to  be  paid ;  for  if  a  place  l>e  ap;>ointcd 


52    THE  COMMON  LAW  OF  LANDLORD  AND  TENANT. 

where  the  rent  is  to  be  payable,  the  rent  must  be  demanded  at  that  place.  On 
the  othec  hand,  if  the  tenant  meet  the  landlord,  at  any  place,  on  or  oH'ihe  land, 
at  any  lime,  of  the  last  day  of  payment,  and  tender  the  rent,  it  will  be  sufficient 
to  save  forfeiture.  Mauud's  Case,  7  Co.  28. 

tenant's    remedies   AGAINST    THE    LANDLORD. 

Use  and  Occupation.  —  If  the  premises  were  let  to  the  defendant  at  a  rent  pay- 
able at  ceitain  periods,  and  before  any  rent  was  due,  or  before  the  rent  sotight 
to  be  recovered  became  due,  the  plaintiff  evicted  him;  this  is  a  gooil  defence 
under  the  general  issue,  because  the  defendant  ceased  lo  hold  or  occupy  the 
premises  before  any  rent  became  due  for  them.  5  Mees  &  W.  GOG.  So  il  F)e  be 
evicted  from  part,  and  he  lliereupon  give  up  the  residue,  this  is  a  complete  de- 
fence as  lo  the  whole.  3  Camp.  513.  But  if,  instead  of  giving  up  ilie  residue, 
he  retain  il,  he  will  then  be  liable  to  pay  for  it,  on  a  quantum  meruit.  3  Camp. 
514.  Where  a  tenant  from  year  to  year,  at  a  rent  payable  half-yearly,  qiiiited 
at  the  end  of  the  current  year,  without  giving  any  notice  ;  and  the  landlord, 
before  ihe  end  of  the  next  half-year,  re-let  the  premi.ses  to  another  tenant :  this 
was  holden  to  amount  to  an  eviction,  and  that  the  landlord  could  not  maiiilain 
this  action  against  ihe  first  tenant,  to  recover  any  rent  accruing  subseqiienily  to 
Ihe  time  when  he  quitted.  8  D  &  Ry.  fi7.  But  the  landlord's  merely  putting 
up  a  bill  upon  ihe  premises,  for  the  purpose  of  letting  them,  will  noi  prevent 
hira  from  recovering.  3  Esp.  225.  So,  where  A.  let  lands  to  B.,  and  B.  under- 
let to  others,  and  A.  gave  notice  to  quit  to  the  undertenants,  in  consc.q'ienoe  of 
which,  one  of  ihem  quitted  the  lands  occupied  by  him,  and  ihey  remrtint-d  un- 
tenanted fiira  whole  year  ;  B.  then  re-let  them  :  it  was  holden  ih.tt  A.  could 
not  recover  from  B.  the  rent  of  the  unoccupied  premises  for  the  time  ihey  were 
80  unoccupied  ;  for  his  conduct,  in  giving  notice  to  quit,  amounted  to  an  evic- 
tion. 1  Siark.  91. 

CmuUuowiL  Rtntin^,  and  condition  not  performed. —  If  the  agreement  to  pay 
rent,  on  the  pan  of  the  tenant,  be  conditional,  merely  upon  Ihe  landlord's  doing 
something  to  the  premises,  such  as  furnishing  them  or  the  like  ;  if  the  landlord 
have  not  complied  with  the  condition,  this  will  be  a  good  plea  in  b.ir  lo  the 
action,  for  the  rent  does  not  begin  to  accrue  until  the  condition  has  been  per- 
formed. 7  Ad.  &  El.  51. 

If  the  premises  be  let  knowingly,  for.an  illegal  or  immoral  purpose  ;  if,  for 
inslance,  the  landlord  let  the  house  for  the  purpose  of  prosliiuiimi,  knowingly, 
and  allow  it  lo  coniinue  to  be  used  for  that  purpose,  he  eaunot  recover  the  rent, 
tHK  for  use  and  occupation    Fy.  &.  M.  251. 

Where  a  tenant  held  a  shop  and  house  from  year  to  year,  and  ihe  landlord, 
shortly  before  midsummer-day,  having  put  in  workmen,  wiili  the  tcnani's  con- 
sent, to  repair,  the  inconvenience  was  so  great  thai  all  the  tenant's  lodaers  left 
bim,  and  the  tenant  was  obliged  to  procure  lodgings  elsewhere  fi>r  himself  and 
hi.s  family  ;  he  paid  his  rent  up  to  midsummer,  and  continued  ihe  shop  until  the 
5th  July  following,  when  he  quitted  without  notice :  the  court  held,  that  as  he  had 
no  beneficial  occupation  after  midsummer,  nn  aciion  for  use  and  occupation 
could  not  be  mHiniained  against  him  for  rent  accruing  after  that  lime. 

Also,  if  the  landlord,  by  any  mi-conduct  upon  his  part,  render  the  occupation 
of  the  tenant  .so  uncomfortable,  that  he  is  obliged  to  quit  the  premi.ses,  K.nd  seek 
a  resilience  elsewhere,  it  should  seem  that  he  could  not  afterwards  recover  in 
an  aeii'm  for  use  and  occupation  of  the  premises  after  the  defendant  hud  quilled 
them.  7  D  >wl.  078. 

And  lastly,  ihe  defendant  may  prove  that  before  any  part  of  the  rent  became 
due,  he  surrendered  the  premises  in   question  to  the  plainijlf,  mid  that  tho 

filiiinilffaccepteil  of  ihe  surrender.  And  where,  in  ihe  middle  of  a  qiiarlcr,  the 
aiidlord  accepted  ihe  key  of  the  leased  premises  from  the  tenant,  under  a  ver- 
bal agreemi'iu  that  upon  her  giving  up  possession,  the  rent  should  cease  ;  and 
she  never  aficrwards  occupied  :  it  was  holden  that  ihe  landlord  coul<!  not  re- 
cover, as  for  use  and  occupation,  for  a  lime  subsequent  to  the  tenant's  giving 
up  the  key.  5  Taunt.  518.  And  in  a  subsequent  case,  where  aparimenis  in  a 
house  were  let  lo  a  tenant  for  a  year,  at  a  rent  payable  quarterly,  and  during  a 
current  quarter,  upon  some  dispute  between  Ihem,  the  tenant  lold  ihe  landlord 
■he  should  quit  the  lodging,  to  which  the  landlord  assented,  and,  on  the  tenant'* 
leaving,  nccepied  possession  of  the  rooms :  it  was  holden  that  the  landlord  could 
not  recover  rent,  eiilier  lor  the  whole  of  the  quarter,  or  even  for  thai  r«>ni<>n  of 
it  which  had  elapsed  before  the  tenant  quilted ;  for  Ihe  tenancy  being  put  aa 
•ud  to  before  any  rent  became  due,  none  was  payable.  9  B.&.  C.  321. 


COMMON    LAW 


m    aSLATIOR  TO 


DIVISION    FENCES,  WALLS,  NUISANCES, 
AND    PRIVATE    WAYS. 


CHAPTER     II, 


DIVISION    FENCES. 

fr  is  »o  notoriously  the  duty  of  the  actual  occupier  to  repair 
the  fences,  and  so  little  the  duty  of  the  landlord,  that,  without 
any  agreement  to  that  effect,  the  landlord  may  maintain  aii 
action  against  his  tenant  fur  not  so  doing,  upon  the  ground  of 
the  injury  done  to  the  inheritance.  And  an  action  on  the  case 
for  not  repairing  fences,  whereby  another  party  is  injured,  can 
only  be  maintained  against  the  occupier,  and  not  against  the 
owner  of  the  fee,  who  is  not  in  possession,  4  T,  R.  319  ;  Wood* 
fall's  Landlord  and  Tenant,  707. 

The  general  law  respecting  the  obligation  of  the  occupants  of 
adjoining;  lands  to  make  and  maintain  partition  fences,  may  be 
stated  as  follows : 

1.  At  common  law,  the  tenant  of  a  close  was  not  obliged  to 
fence  against  an  adjoining  close,  unless  by  force  of  prescription. 

2.  At  common  law,  when  a  man  was  obliged  by  prescrij)tion' 
to  fence  his  close,  he  was  not  obliged  to  fence  against  any  cattle 
but  those  which  were  rightfully  in  the  adjoining  close. 

3.  At  common  law,  a  man  though  not  bound  to  fence  against  • 
an  adjoining  close,  was  still  bound,  at  his  peril,  to  keep  his 
cattle  in  his  own  close,  and  prevent  them  from  escaping. 

4.  The  legal  obligations  of  the  tenants  of  adjoining  lands  to 
make  and  maintain  partition  fences,  where  no  prescription  exists 
and  no  written  agreement  has  been  made,  rest  on  statute. 

5.  An  assijrnment,  pursuant  to  the  statute,  imposes  the  same 
duty  as  would  result  from  prescription. 

6.  Where  there  is  no  prescription  or  agreement,  the  provisions' 
of  the  statute  oblige  a  tenant,  liable  to  make  the  partition  fence, 
or  any  part  of  it,  to  fence  only  as  in  the  case  cf  prescription  at 
common  law;  that  is,  against  such  cattle  as  are  rightfully  vx 
the  adjoining  land. 

7.  Every  person  may  maintain  trespass  against  the  owner  of 
cattle  found  on  his  land,  unless  such  owner  can  protect  himself 
by  the  provisions  of  the  statute,  or  by  written  agreement,  or  by 
prescription. 

6 


64 


DIVISION    FENCES. 


In  most,  if  not  all,  of  the  States,  the  foundation  of  all  obli^ra- 
tions  to  make  and  repair  fences,  (where  no  agreement  lias  been 
made,)  rests  on  statutes,  which  require  that  the  respective 
occupants  of  adjoining  enclosures  shall  make  and  repair  suf- 
ficient fences  at  their  equal  expense. 

Thus,  by  the  Revised  Statutes  of  Massachusetts,  ch.  19,  the 
owner  of  a  close  can  compel  the  owner  of  the  adjoining  close  to 
make  and  maintain  a  partition  fence. 

In  New  York,  also,  the  statute  has  altered  the  rights  of  the 
parties.  Where  the  lands  of  two  persons  join,  each  shall  make 
a  just  proportion  of  the  division  fence,  unless  they  agree  to  let 
their  land  lie  open.  If  any  person  shall  neglect  to  make  or 
keep  in  repair,  his  proportion  of  such  fence,  he  shall  be  liable 
to  such  damages  as  shall  accrue  by  reason  of  his  negligence ; 
and  if  he  omit  to  make  or  repair  his  proportion  of  the  fence,  for 
one  month  after  notice  and  request,  then  the  party  injured  may 
make  or  repair  the  fence  at  the  expense  of  the  party  so  neglecting 
to  do  it.  And  in  case  any  person  who  shall  have  made  his  pro- 
portion of  the  fence,  shall  be  disposed  to  throw  up  his  lands  for 
common  feeding,  or  to  let  the  same  lie  open,  he  shall  give  three 
months'  notice  to  the  person  or  persons  in  possession  of  the  lands 
adjoining  ;  and  if  the  fence  shall  be  removed  before  the  expira- 
tion of  three  months,  the  person  removing  it  shall  pay  the  dam- 
ages sustained  by  such  removal.     3  Wend.  145. 

The  only  effect  of  throwing  up  land,  or  permitting  it  to  lie 
open  is,  to  remit  the  parties  to  their  common  law  rights  and 
dutie»,  which  are,  that  a  tenant  of  a  close  is  not  obliged  to  fence 
against  an  adjoining  close,  and  without  such  fence  may  bring 
trespass  for  an  entry  of  cattle  ;  the  owner  of  the  cattle  being 
obliged  to  keep  them  on  his  own  premises,  in  the  absence  of  any 
agreement  or  prescription  about  fences.     3  Wend.  142. 

In  many  of  the  States,  where,  by  the  statutes,  the  respective 
occupants  of  adjoining  enclosures  are  required  to  make  and 
repair  sufficient  fences  at  their  equal  expense,  it  has  been  db- 
eided,  under  these  statutes,  that  the  obligation  to  make  and 
maintain  a  partition  fence  is  equally  operative  upon  both  ad- 
■  i&cent  owners  ;  that  each  party  is  equally  bound  to  move  in  the 
matter;  and  that,  until  such  division,  there  can  be  no  deficiency 
or  neglect  alleged  as  to  the  fence  of  either  party,  separately  and 
individually.  If  either,  therefore,  put  cattle  on  his  own  land, 
and  they  enter  upon  the  land  of  the  adjacent  proprietor,  there 
being  no  partition  of  the  fence  separating  the  lots,  he  will  be 
liable  to  an  action  of  trespass  therefor.  This  is  the  law  in 
Maine,  New  Hampshire,  Massachusetts,  New  Jersey,  Penn- 
sylvania, and,  probably,  in  most  of  the  other  states.  4  Mctc. 
589;  5  Greenl.  356;  4  N.  Hamp.  36  ;  7  N.  Hamp.  518;  4 
Halst.  384  ;  3  Harrison,  368;  Addison  R.,  258. 

It  has  been  decided  in  Massachusetts,  that,  upon  general 
principles,   it   is  no   more  the  duty  of  the   individual,  who 


DIVISION   FENCES.  6^ 

has  a  field  adjacent  to  that  which  his  neighbor  proposes  to 
depasture  with  his  cattle,  to  take  the  incipient  steps  to  cause  % 
partition  of  the  fences  between  their  adjacent  lands,  than  of  him 
who  owns  the  cattle,  and  intends  to  use  his  land  for  depasturing 
them.  Both  parties  are  entitled  to  the  privilege  given  by  the 
statute,  authorising  proceedings  for  dividing  their  fences,  and 
assigning  to  each  his  proper  portion  thereof;  and  if  either 
wishes  to  avail  himself  of  its  provisions  for  his  protection,  he 
must  move  in  the  matter,  if  his  neighbor  does  not.  By  taking 
the  proper  steps,  and  causing  a  partition  to  be  made  of  ths 
fences,  and  duly  maintaining  and  keeping  in  repair  the  part  as- 
signed to  him,  he  can  easily  avoid  all  liability  to  an  action,  if  his 
cattle  escape  into  the  adjoining  lot  through  defect  of  the  fence 
assigned  to  the  owner  of  such  lot.  If  he  neglect  to  procure  & 
division  of  the  fence,  it  is  not  for  him  to  complain,  that  the  owner 
of  the  adjacent  lot  has  been  alike  inactive  in  the  matter ;  bu^ 
the  result  must  be  that  both  parties  must  be  presumed  to  elect, 
to  occupy,  and  improve  their  lands  under  the  rules  of  the  com- 
mon law,  and  subject  to  the  common  law  responsibilities.  4 
Mete.  589. 

Where  there  is  no  prescription,  agreement,  or  assignment, 
nnder  the  statute,  whereby  the  owner  of  land  is  bound  to  main- 
tain a  fence,  no  occupant  is  obliged  to  fence  against  an  adjoining 
close ;  but  in  such  case,  there  being  no  fence,  each  owner  i&; 
bound,  at  his  peril,  to  keep  his  cattle  in  his  own  close.  When 
a  tenant,  for  any  of  the  reasons  before  stated,  is  bound  to  fence 
against  an  adjoining  close,  it  is  only  against  such  cattle  as  are 
rightfully  in  that  close;  and,  in  such  case,  if  the  fence  be  not  in 
fact  made,  the  owner  of  either  close  then  adjoining,  may  dis-J 
train  the  cattle  escaping  from  the  adjoining  close,  not  rightfully 
there.  6  Greenl.  357. 

Where  two  men  own  adjoining  closes,  with  an  undivided 
partition  fence,  which  both  are  equally  bound  to  repair,  each  is 
bound  to  keep  his  cattle  on  his  own  land,  at  his  peril.  7  N., 
Hamp.  518. 

In  Connecticut  a  contrary  doctrine  has  been  established  ;  and 
though,  by  the  common  law,  it  is  the  duty  of  the  owner  of  cattle' 
to  distrain  them,  and  if  he  suffer  them  to  trespass  upon  the  lands 
of  another,  he  is  generally  liable  in  damages,  whether  those  lands 
were  or  were  not  enclosed  by  a  suflicient  fence.  But  in  Massa- 
chusetts a  different  rule  has  been  adopted,  and  the  ownersof  lands 
are  obliged  to  enclose  them  by  a  lawful  fence,  or  they  can  main- 
tain no  action  for  a  trespass  done  thereon  by  the  cattle  of  another. 
14  Conn.  292.  The  law  in  Vermont  is  the  same,  in  this  respect,' 
as  in  Connecticut,  and  the  following  reasons  are  assigned  for  it' 
by  Judge  Hutchinson :  "  The  cattle  of  many  persons,  especially 
the  cows  of  poor  persons,  in  all  parts  of  the  state,  have  always 
been  permitted  to  run  upon  the  highways  and  commons,  no  man 
presuming  to  take  them  up  dantage-feasant,   unless   his   own 


56 


OF    PARTY    WALLS. 


fence  would  stand  the  test  of  the  law.  And  this  practice  is  well 
warranted  hy  statute  of  Massachusetts,  the  provisions  of  which 
^re  so  various  and  extensive,  and  form  such  an  entire  system 
upon  the  subject,  it  must  have  been  intended  to  supersede  the 
common  law."  1  Vermont,  476. 

:  As,  by  the  common  law,  the  tenant  of  a  close  is  not  obliged 
to  fence  against  an  adjoining  owner  or  tenant  (unless  by  force  of 
agreement  or  prescription,)  so  the  party  who  makes  a  fence 
between  his  close  and  that  of  an  adjoining  tenant,  must  make  it 
wholly  on  his  own  land. 

But,  as  in  most  of  ihe  States  the  occupants  of  .idjoining  en- 
closures are  required  by  statute  to  make  and  repair  sufficient 
fences  at  their  joint  expense,  it  would  seem  to  be  very  clear,  that 
the  common  law  doctrine  as  to  the  adjoining  tenant's  rights  and 
duties  concerning  fences,  is  not  applicable  in  those  States.  An 
occupant  of  land,  therefore,  who  is  bound  to  maintain  a  fence 
between  his  own  and  an  adjoining  enclosure,  may  place  half  of 
a  fence,  of  reasonable  dimensions,  on  the  land  of  the  adjoining 
owner ;  and  he  may  cut  half  of  a  ditch  on  the  land  of  such 
owner,  when  a  ditch  is  proper  for  a  partition  fence.  2  Mete.  180. 

The  public  have  no  right  in  a  highway,  but  a  right  to  pass 
and  repass  thereon  ;  they  cannot,  therefore,  justify  turning  their 
cattle  thereon,  for  the  purpose  of  grazing.  And  if  cattle,  so  ok 
the  highway,  for  the  purpose  of  grazing,  escape  into  the  aa- 
joining  close,  the  owner  of  the  cattle  cannot  avail  himself  of  the 
insufficiency  of  the  fences  in  excuse  of  the  trespass.  16  Mass. 
33  ;  3  Wend.  142. 

In  Vermont  cattle  have  always  been  permitted,  in  all  parts  of 
the  state,  to  run  upon  the  highways  and  commons,  no  man  pre- 
suming to  take  them  up  damage-feasant,  unless  his  own  fence 
could  stand  the  test  of  law.  1  Verm.  476. 
.  Where  cattle  have  escaped  from  an  adjoining  close  into  that 
of  the  defendant's,  through  defect  offences  which  the  defendant 
is  bound  to  repair,  he  is  not  justified  in  driving  them  out  into  the 
highway,  and  leavings  them  there,  although  it  may  be  their  best 
way  back ;  and  trespass  will  lie.  It  is  perfectly  clear,  that  the 
least  to  be  expected  from  a  party  in  the  situation  of  the  defend- 
ant is,  that  he  should  put  back  the  cattle  into  the  place  in  which 
they  were  before  they  quitted  it,  in  consequence  of  his  neglect, 
8  Ad.  &E.  311. 


PARTITION  WALLS. 
'Where  a  party  wall  exists  between  two  buildings,  belonging 
to  different  persons,  if  one  of  them  take  it  down  with  his  building, 
he  must  re-erect  it  in  reasonable  time,  and  with  the  least  incon- 
venience. The  other  owner  shall  contribute  to  the  expense,  if 
the  wall  required  repairs ;  but  he  cannot  be  charged  with  the 
expense  of  a  wall  more  costly  than  the  former  one.  9  Hilliard 
on  Real  Property,  86. 


OF   NUISANCES,    ETC.  57 

It  two  persons  have  a  parly  wall,  one-half  of  the  thickness  of 
which  stands  on  the  land  of  each,  they  are  not  therefore  tenants 
in  common  of  the  wall,  or  of  the  land  on  which  it  stands,  al- 
though the  wall  WHS  erected  at  the  joint  expense  of  the  two 
proprietors.  The  common  use  of  a  wall  separating  adjoining 
lands  belonging  to  different  owners,  is  prima  facie  evidence, 
however,  that  they  ate  tenants  in  common.     5  Taunt  20,  257. 

If  the  owner  of  a  house  in  a  compact  town,  finds  it  necessary 
to  pull  it  down,  and  remove  the  foundations  of  his  building, 
and  he  gives  due  notice  of  his  intention  to  the  owner  of  the  ad- 
jtiming  house,  he  is  not  answerable  for  the  injury  which  the 
owner  of  that  house  may  sustain  by  the  operation,  provided  he 
remove  his  own  with  reasonable  and  ordinary  care.  Where 
there  had  been  no  party  wall,  but  the  wall  ot  the  house  pulled 
down,  stood  wholly  on  its  lot,  yet  if  the  beams  of  the  house 
rested  upon  the  wall  pulled  down,  and  had  done  so  lor  a  period 
euflicic[it  to  establish  an  easement  by  prescription,  the  owner  o"f 
the  adjoining  house  would  be  entitled  tu  have  his  beams  inserted 
for  a  resting-place  in  the  new  wall.     3  Kent,  437.  ,   >  < 


OF    NUISANCES    AND    OTHER     INJURIES 
TO    THE    POSSESSION. 

"Who  may  Sue  for  Damages  occasioned  by  a  Nuisance? —  The 
tenant's  possessory  interest  will  entitle  him  to  an  action  against 
a  wrongdoer  for  any- injury  done  to  his  possession,  whether  that 
injury  be  in  the  nature  of  a  nuisance  or  otherwise.  And,  where 
the  injury  does  not  extend  beyond  a  temporary  interruption  of 
the  enjoyment  of  the  lessee,  he  alone  being  injured,  is  clearly 
the  only  party  who  can  have  any  right  to  sue,  and  may  of 
course  recover  the  full  measure  of  damages.  If,  however,  the 
injury  is  of  so  grave  a  character  as  to  affect  not  merely  the  tem- 
porary right  of  the  tenant,  but  likewise  the  permanent  value  of 
the  property,  here  the  tenant  and  the  landlord  may  both  maintain 
actions  for  the  injuries  done  to  their  respective  estates.  They 
are  both  injured,  but  in  different  degrees;  the  tenant,  in  the 
inlerruptioh  to  his  estate  and  the  diminution  of  his  profits  ;  and 
the  landlord  in  the  more  permanent  injury  to  his  property.  i|, 
Walford  on  Parties  to  Actions,  233.     11  Mass.  519.  .| 

Against  whom  an  Action  of  Nuisance  may  be  brought. — A», 
a  general  rule  an  action  for  nuisance  seems  to  be  maintainable 
in  four  different  cases. 

First,  against  a  party  who  employs  his  premises  so  as  to' 
cause  a  nuisance  to  his  neighbor,  and  this  either  for  the  orir' 
ginal  erection,  or  for  the  subsequent  continuance.  Com.  Dig.' 
Action  on  Case  for  Nuisance,  1  Stark,  22  ;  M.  &  M.  350. 

Secondly,  the  action  lies  against  uny  subsequent  occupier  who' 

L  fc  T  5*  '     :.:i.c 


OB  OF   NUISANCES,    ETCi^ 

takes  premises  upon  which  a  nuisance  exists,  and  continues  it ; 
and  this  by  whatever  title  he  may  come  in,  by  lease,  assignment, 
or  the  like.  Thus,  one  who  succeeds  another  in  the  occupation 
of  premises  upon  which  a  steam  engine  is  erected,  is  liable  for 
any  annoyance  that  may  be  thereby  occasioned  to  the  neighbor- 
hood in  his  own  time.  So,  likewise,  if  a  husband,  in  his  life- 
time, divert  a  stream  of  water,  by  means  of  a  pipe  and  cock,  to  his 
house,  an  action  lies  against  his  wife  if,  alter  his  death,  she 
occupy  the  house,  and  use  the  water,  for  every  turning  of  the 
cock  is  a  fresh  nuisance.  Nay,  even  though  the  new  occupier 
in  no  way  contributes  to  the  production  of  the  nuisance  beyond 
a  passive  enjoyment  of  the  premises  as  he  finds  them,  he  is  still 
liable.  Thus,  where  the  owner  of  a  mill  adjoining  the  plaintiff's 
meadow,  sometime  before  the  date  of  the  action,  raised  the 
banks  of  his  mill-pond  so  high,  as  to  cause  the  water  from  it  to 
overflow  the  meadow,  and  he  afterwards  let  the  mill  to  the 
defendant ;  the  plaintiff  thereupon  sued  the  defendant,  and  ob- 
tained a  verdict  upon  the  ground  that  there  was  a  continuance 
of  the  nuisance  by  the  present  defendant,  and  that  was  enough 
to  subject  him  to  the  action.  5  Co.  101  a ;  R.  &  M.  189  ;  Dyer, 
319;  2  Salk.  460  ;  Cro.  Jac.  373,  555. 

Thirdly,  the  action  lies  against  any  one  who,  from  the  relation 
in  which  he  stands  to  the  land  upon  which  the  nuisance  is 
erected,  must  be  inferred  to  possess  the  power,  either  of  origin- 
ally preventing  it,  or,  at  any  rate,  of  putting  an  end  to  its  con- 
tinuance, and  who  fails  to  do  so  ;  for  his  neglect  reasonably 
fixes  him  with  the  charge  of  sanctioning  and  upholding  it,  as 
much  as  if  he  had  in  the  first  instance  given  the  authority  for  its 
erection.  Thus,  if  one  raises  a  building  on  his  ow.n  land,  so 
high  as  to  obstruct  his  neighbor's  ancient  lights,  and  leases  it  in 
this  state  to  another,  either  the  landlord  or  tenant  is  liable  to  an 
action  of  nuisance.  So  if  the  nuisance  be  erected  in  the  first 
instance  during  a  tenancy,  and  the  landlord  choose  to  renew  the 
tenancy,  after  the  tenant  has  so  erected  the  nuisance,  without 
any  stipulation  for  itsren  o^aI,that  will  make  the  landlord  liable, 
for  he  must  not  let  the  land  with  a  nuisance  upon  it.  So,  if  a 
man  leases  pi-emises  for  a  purpose  which  he  must  know  is  likely 
to  produce  a  nuisance,  he  is  liable.  So,  where  a  rhan  leasts 
premises  in  that  state  and  condition  that,  without  particular  care, 
the  use  of  them  is  likely  to  end  in  a  nuisance,  and  does  not,  at 
the  same  time,  stipulate  for  the  tenant's  taking  the  necessary 
measures  to  prevent  it,  or  reserve  to  himself  a  right  of  entry  fur 
the  purpose  ;  here  an  action  lies  against  him,  if  the  nuisance 
afterwards  occurs,  for  want  of  such  care  on  the  part  of  the 
tenant.  As,  if  a  man  let  out  a  row  of  houses,  with  a  common 
privy,  to  different  tenants,  without  exacting  from  his  tenants  an 
obligation  to  cleanse,  with  a  right  of  entry  for  himself  in  default 
of  their  doing  so,  he  is  liable  if,  by  neglect  of  cleansing,  a  nui- 
■anee  be  subsequently  occasioned.     Nay,  if  a  man  do  nothing 


ANCIENT   LIGHTS.  59 

more  than  simply  purchase  premises  with  an  existing  nuisance 
upon  them,  though  there  be  a  lease  for  a  term  at  tiie  time  of  the 
purchase,  so  that  the  purchaser  has  no  opporluniiy  of  reniovmg 
the  nuisance,  yet  by  purchasing  the  reversion  he  makes  liiniself 
liable  for  the  nuisance  ;  but  if,  after  the  reversion  is  purchased, 
the  nuisance  be  erected  by  the  occupier,  the  reversioner  incurs 
no  liability,  but  the  sole  remedy  is  against  the  tenant.  2  Saik. 
460;  1  A.  &  E.  827. 

Fourtlily,  an  action  lies  against  a  contractor,  or  othef  party, 
exercising  a  regular,  independent  employment,  who,  being  em- 
ployed by  the  owner  of  premises  to  do  something  about  them  in 
the  usual  course  of  his  employment,  does  it  in  so  careless,  un- 
skilful, or  insufficient  a  manner,  that  the  work,  while  it  is  under 
his  immediate  ctmtrul  and  superintendence,  causes  a  damage  to 
the  neighboring  premises.     2  D.  &  R.  33. 

What  are  Nuisances?  —  The  cases  in  which  nuisances  may 
and  do  exist,  are  extremely  numerous ;  by  some  corruption  of 
the  air  ;  of  the  water  one  uses  as  necessary,  in  its  pure  state, 
for  his  family  or  cattle ;  by  some  troublesome  noises ;  and  by 
keeping  in  society  vicious  atid  immoral  places  of  resort ;  and  in 
the  question,  if  a  nuisance  or  not,  the  more  particular  question 
usually  is,  if  the  place  complained  of  corrupts,  in  some  consider- 
able degree,  the  air  or  water,  to  render  it  unfit,  or  materially 
less  fit,  for  its  usual  purposes,  or  unwholesome  ;  or  are  noises, 
such  as  to  make  a  family  very  uncomfortable,  introduced  where 
families  are  previously  settled  ;  or  are  the  places  of  resort  such 
as  to  essentially  corrupt  and  injure  in  their  natural  tendency 
good  morals;  or  how  far  the  light  of  a  house  illegally  darkened, 
so  as  maletially  to  injure  the  owner;  how  far  water  illegally 
thrown  on  his  building  really  rots  them,  &c.  3  Dane's  Abr. 
ch.  74,  a.  5,  §  4. 

Nuisances  to  Houses.  —  These  are  of  three  kinds.  1st. 
By  overhanging.  2d.  By  stopping  ancient  lights.  And  3d. 
Corrupting  the  air  with  noisome  smells. 

Overhanging.  —  if  one  build  a  house  so  near  his  neighbor's,' 
that  it  throws  water  upon  it,  it  is  a  nuisance  ;  and  if  one  build 
his  house  so  as  to  overhang  his  neighbor's,  he  may  remove  the 
nuisance  before  ho  is  actually  injured  by  rain  falling.  2  Salk.  459. 

The  case  of  overhanginji  so  as  to  cast  water  upon  the  land 
adjoining,  is  clearly  a  nuisance  to,  and  a  trespass  upon,  the  ad- 
joining land. 

Ancient  Lights. — The  uninterrupted  enjoyment  of  lights  for 
twenty  years  raises  a  presumption  in  favor  of  the  right;  and  the 
obstructing  or  darkening  of  such  lights,  is  a  nuisance.  But 
such  use  or  enjoyment  does  not  bind  the  owner  of  adjoining 
land,  so  as  to  preclude  hiin  from  building  against,  or  obstruct- 
ing, these  lights,  unless  he  had  knowledge  of  their  existence; 
and  the  occupation  of  his  land  by  a  tenant  is  not  sufficient  grouiid 
of  itself  for  mplying  such  knowledge.     Thus,  where  lights  had 


OU  CORKUPT    AIR. 

been  put  out  and  enjoyed  for  above  twenty  years  durinj?  the 
occupation  of  the  opposite  premises  by  a  tenant;  that  will  not 
conclude  the  landlord  of  such  opposite  premises,  witliout  evi- 
dence of  his  knowledge  of  the  fact,  and  consequently  will  not 
conclude  a  succeeding  tenant  who  was  in  possession  under  such 
landlord  from  building  up  against  such  encroaching  lights.  11 
East.  372. 

In  Connecticut,  an  adverse  right  to  lights  and  windows  can- 
not be  acquired  by  use,  in  any  city.     St.  1845,  35. 

There  is  one  case  where  the  law  protects  the  enjoyment  of 
lights,  though  not  ancient.  Thus,  where  one  sells  a  house 
having  doors  or  windows  opening  into  a  vacant  lot  adjoining  and 
belonging  to  the  vender,  without  reserving  a  right  to  build  on 
such  lot,  or  to  stop  the  doors  and  windows,  neither  he  nor  his 
grantee  of  such  lot  can  lawfully  stop  ihem.     12  Mass.  157. 

But  merely  intercepting  the  prospect  without  obstructing  the 
light,  or  opening  a  window,  whereby  the  privacy  of  a  neighbor 
is  disturbed,  are  not  nuisances.     I  Mod.  55  ;  3  (Jarap.  82. 

A  total  privation  of  light,  however,  is  not  necessary  to  sup- 
port this  action  for  a  nuisance ;  for  if  the  plaintiff  can  prove 
that  by  reason  of  the  obstruction  he  cannot  enjoy  the  light  in  so 
free  and  ample  a  manner  as  he  did  before,  it  is  sufficient  to 
maintain  this  action.     3  D.  &  E.  159. 

As  the  right  to  light  is  acquired  by  enjoyment,  so  it  may  be 
lost  by  a  discontinuance  of  the  enjoyment,  unless  the  party  who 
ceases  to  enjoy  at  the  same  time  does  some  act  to  show  an  in- 
tention of  resuming  the  enjoyment  within  a  reasonable  time; 
and  the  non-user  of  the  lights  for  less  than  twenty  years,  under 
such  circumstances,  will  deprive  him  of  his  right.  Thus,  if  he 
build  a  blank  wall  to  his  house,  where  the  lights  formerly  ex- 
isted, this  is  such  an  abandonment  as  will  extinguish  his  title. 
3  Barn.  &  Cr  332. 

An  action  does  not  lie  against  a  person  for  erecting  a  fence 
on  his  own  land,  whereby  he  obstructs  the  lights  of  his  neighbor, 
let  the  notice  be  what  it  may,  if  the  lights  be  not  ancient  lights, 
or  his  neighbor  has  not  acquired  a  right,  by  grant,  or  occupation 
and  acquiescence.     13  Wend.  261. 

Nor  does  an  action  lie  for  opening  a  window  overloo"king  the 
privacy  of  another;  and,  on  the  contrary,  although  the  doing  so 
be  an  encroachment,  the  continuance  thereof  for  twenty  years 
will  ripen  into  a  right.     13  Wend.  2fil. 

Corrupt  Jiir.  —  In  regard  to  this,  it  is  most  difficult  to  de- 
termine what  is  or  is  not  a  nuisance  in  a  legal  sense.  The  law 
cannot  punish  every  the  least  bad  smell,  or  the  least  corruption 
of  the  air  ;  if  it  were  to  do  this,  men  would  not  be  able  to  live 
together  in  cities  oi  towns.  There  must  be  some  considerable 
corruption  of  the  air  for  the  law  to  notice.  It  is,  therefore, 
clearly  settled,  that  it  is  no  nuisance,  unless  the  air  be  made 
noxious ;  but  if  one  erects  a  privy,  or  keeps  his  hogs  or  other 


PUBUO  NUISANCES.  01 

noi&&<r.e  animals,  or  lim.>kiln,  or  his  trade  as  a  tanner,  tallovr*. 
chaiidier,  or  oiher  offensive  trade,  (for  such  ought  to  be  carried 
on  in  their  proper  places,)  these  are  nuisances,  when  so  near, 
one's  house  that  the  stench  makes  the  air  unwholesome.  3 
Dane's  A.br.,  c.  74,  a.  2,  ^  14. 

Nuisances  to  Lands. — It' one  erect  a  smelting  house  for  lead 
so  near  the  land  of  another,  that  the  smoke  kill  the  corn  and. 
grass  growing  on  the  land  of  another,  or  injure  the  cattle  there- 
on^  it  is  a  nuisance  ;  an'l  any  act  in  itself  lawful,  which  by  being 
done  in  a  certain  place  injures  the  properly  of  another,  is  a  nut' 
sance.  3  Black.  Com.  217. 

If  one  keep  gunpowder  so  near  buildings  as  apparently  to 
endanger  them,  it  is  a  nuisance  ;  but  if,  at  the  time  of  setting 
up  the  powder-house,  no  houses  were  near,  but  afterwards 
others  were  erected,  it  is  at  the  peril  of  the  builder.  12  Mod.  34Jj. 

If  a  man  sells  grass  on  his  land  to  a  person  who  is  to  cut  it 
and  carry  it  away  by  such  a  time  ;  and  that  person  mows  it,  and 
suffers  it  to  lie  there,  after  the  time  agreed  for  its  removal,  and 
it  rots  and  kills  the  grass,  it  is  a  nuisance.  1  Com.  D.  293, 
293;   Willis,  71. 

If  a  person  have  a  right  of  way  across  another's  land,  and  the 
owner  of  the  land  obstructs  him  in  the  use  of  it,  either  by  totally 
stopping  it,  or  putting  logs  across  it,  or  ploughing  over  it,  it  is  a 
nuisance.  3  Black.  Com.  218. 

It  is  a  nuisance  to  stop  or  divert  water  that  runs  to  another's 
meadow  or  mill ;  or  to  corrupt  or  poison  a  water  course,  by 
erecting  a  dye-house  or  a  lime-pit  for  the  use  of  trade,  in  the 
upper  part  of  a  stream.  3  Black.  Com.  218  ;  2  John's  Ch.  R.  164. 

The  disturbance  of  mill  owners  in  the  enjoyment  of  their 
rights,  both  in  diuerting  the  water,  and  in  flooding  their  mills 
with  an  excess  of  water  beyond  their  rights,  is  a  nuisance.  23 
Pick.  333. 

The  existence  of  a  nuisance,  for  a  long  period  of  time,  as,  for 
twenty  years,  is  sufficient  to  establish  a  prescriptive  right  to 
maintain  such  nuisance  ;  and  it  is,  therefore,  a  good  defence  to 
an  action  of  nuisance,  that  the  nuisance  has  existed  for  twenty 
years.  And  a  party  injured  has  no  right  to  abate  a  nuisance  of 
twenty  years  standing. 

Public  Nuisances. — Every  unauthorized  obstruction  of  a  high- 
ray  to  the  annoyance  of  the  citizens,  is  an-  indictable  offence 
tnd  a  nuisance  ;  and  independently  of  any  legal  proceedings,  it 
appears  that  any  person  may  lawfully  abate  a  public  musance,- 
at  least  if  it  be  placed  in  the  middle  of  a  highway,  and  obstruct 
the  passage  of  those  travelling  over  the  road.  But  though  a 
party  may  remove  the  nuisance,  yet  he  cannot  remove  the 
materials,  or  convert  them  to  his  own  use  ;  and  so  much  of  the 
thing  only  as  causes  the  nuisance  ought  to  be  removed. — % 
Salk.  458. 

One  who  is  injured  by  an  obstruction  placed  unlawfully  in  a 
highway,  cannot  maintain  an  action  for  damages  if  it  appears 


^  iLBATEMfiNT    09  NUISANCB8. 

that  he  did  not  use  ordinary  care,  by  which  the  obstruction 
might  have  been  avoided.  Thus,  where  the  plaintiff,  who  was 
riding  violently  in  a  public  highway,  was  thrown  down  with  his 
horse,  and  injured  by  means  of  an  obstruction  placed  there  by 
the  defendant ;  it  was  proved,  that  if  the  plaintiff  had  not  ridden 
very  hard  he  might  have  seen  the  obstruction  and  avoided  it, 
and  on  this  ground  he  failed  in  the  action.  2  Pick.  624. 

Abatement  of  Nuisances, — There  are  two  ways  to  redress 
a  nuisance  ;  one  by  action,  by  which  the  party  injured  recovers 
damages  and  has  judgment  that  the  nuisance  shall  be  removed  ; 
the  other,  where  the  party  injured  abates  the  nuisance  himself. 
The  abatement  of  a  nuisance  by  the  party  injured,  does  not, 
however,  preclude  him  from  bringing  an  action  to  recover  the 
damages  sustained  by  him  anterior  to  such  abatement.  4  Conn. 
418. 

If  a  man  on  his  own  soil  erect  a  thing  which  is  a  nuisance  to 
another,  as  by  stopping  a  rivulet,  and  so  diminishing  the  water 
used  by  him  for  his  cattle,  the  party  injured  may  enter  on  the 
soil  of  the  other  and  abate  the  nuisance,  and  justify  the  trespass. 
So  if  one  erects  a  gate  across  a  way,  which  ought  not  to  be  there, 
or  otherwise  unlawfully  obstructs  the  way,  any  one  who  has  a 
right  to  pass  over  the  way,  may  remove  the  obstruction.  So  if 
any  one  erects  a  building,  shed  or  wall,  so  as  to  obstruct  anctm/ 
lights,  though  on  his  own  land,  it  is  a  private  nuisance  ;  and  the 
owner  of  the  ancient  lights  may  peaceably  enter  on  his  land  and 
pull  it  down.  So  if  a  man  has  a  hog-stye  or  other  thing  on  his 
land,  that  corrupts  the  air  in  and  about  his  neighbor's  house,  and 
makes  it  unwholesome,  his  neighbor  may  lawfully  remove  the 
nuisance.  So  if  one  builds  a  house  so  near  his  neighbor's  that 
it  throws  water  upon  it,  his  neighbor  may  abate  so  much  as  over- 
hangs or  projects  beyond  the  line  ;  but  he  who  abates  must  be 
careful  he  abates  no  more  than  overhangs,  as  no  more  is  a  nui- 
sance. 2  Smith  9. 

Great  care  should  be  taken  in  abating  a  nuisance,  not  to  re- 
move or  pull  down  anything  more,  than  is  absolutely  necessary 
for  the  abatement  of  the  nuisance,  as  otherwise  the  party  will 
render  himself  liable  to  an  action  of  trespass.  If  indeed  the  nui- 
sance is  of  so  simple  a  character,  that  there  cannot  possibly  be 
any  mistake  as  to  the  extent  of  the  nuisance,  as  a  gate  wrong- 
fully erected  across  a  way,  or  the  obstructing  of  a  stream,  &c: 
or  if  the  injury  occasioned  by  the  nuisance  be  immediate  and  irre- 
parable, of  such  a  nature  that  no  pecuniary  compensation,  which 
the  party  injured  might  recover  by  an  action  at  law,  could  satis- 
fy the  wrong  done  him,  then  the  most  effectual  remedy  is  for  him 
to  abate  the  nuisance  himself.  But  where  this  is  not  the  case, 
the  party  had  belter  resort  to  an  action  of  law,  whereby  he  will 
recover  damages  for  the  injury  done  him,  and  have  the  nuisance 
abated  by  the  officers  of  the  court,  and  thus  avoid  the  danger  of 
being  sued  for  trespass. 

A  thing  in  a  situation  to  be  a  nuisance  cannot  be  abated  till  it 
actually  becomes  one.  12  Mod.  519. 


NEGLIGENCE.  68 

The  abater  of  a  private  nuisance  cannotremore  the  materials  fur- 
ther than  is  necessary,  or  convert  them  to  his  own  use.  1  Sik.173. 

It  is  a  general  rule  that  the  abatement  must  be  limited  by  its 
necessity,  and  no  wanton  or  unnecessary  injury  must  be  com- 
mitted. 2  Salk.  4dd. 

Negligence. — Where  notice  had  been  given  to  the  occupier 
of  adjoining  premises  of  an  intention  to  pull  down,  and  remove 
the  foundations  of  a  building,  or  part  of  the  footing  of  one  of 
the  walls  on  which  one  of  the  walls  of  such  adjoining  premises 
rested,  it  was  held,  that  the  party  giving  notice  was  only  bound 
io  use  reasonable  dkwA  ordinary  cdixe  in  the  work,  and  was  not 
bound  in  any  other  way  to  secure  the  adjoining  premises  from 
injury,  although,  from  the  peculiar  nature*  of  the  soil  he  was 
compelled  to  lay  the  foundation  of  his  new  building  several  feet 
deeper  than  that  of  the  old.  4  Car.  &  P.  161. 

But  if  the  adjoining  house  was  an  anaent  one,  or  had  been 
erected  for  a  long  period  of  time,  as  for  twenty  years,  then  it 
would  have  a  right  to  the  support  of  such  wall,  and  an  action 
would  lie  for  its  removal.  3  B.  &  Add.  87. 

It  is  a  rule  of  law  that  every  person  must  use  his  own  pro- 
perty, so  as  not  to  injure  or  destroy  that  of  his  neighbor;  and 
it  is  now  settled  that  the  owner  of  premises  adjoining  those 
pulled  down  must  shore  up  his  own  on  the  inside,  and  do  every 
thing  proper  to  be  done  upon  them,  for  their  preeei-vation.  But 
in  an  action  for  an  injury  to  the  plaintifTs  premises,  in  con- 
sequence of  the  pulling  down  of  the  defendant's  house  adjoining, 
the  plaintiff  may  recover  damages  for  any  injury  actually  caused 
by  the  negligence  of  the  defendant,  although  he  has  not  himself 
used  those  precautions,  which  it  was  his  duly  to  adopt  against 
such  injury.  3  Moody  &  M.  362. 

An  action  lies  against  a  party  who  by  carelessness  or  negligence 
in  excavating  his  own  ground,  either  cflu.?e5  or  occe/ero/es  the  fall 
of  an  adjoining  house.     3  Nev.  &  Mar.  739. 

A  person  who  has  a  flap-door  in  the  foot  of  the  pavement  of 
the  street,  opening  into  a  cellar  underneath  his  house,  is  bound, 
when  he  uses  it,  to  conduct  his  business  with  such  a  degree  of 
care,  as  wUl  prevent  a  reasonable  person,  acting  himself  with 
an  ordinary  degree  of  care,  from  receiving  any  injury  by  it  4 
Car.  &  P.  337. 

It  is  universally  the  duty  of  the  occupier  of  a  house  having  an 
area  fronting  a  public  street,  so  to  fence  it  as  to  make  it  safe  to 
passengers,  and  it  is  no  defence  to  an  action  against  him  for 
neglecting  8<i  to  do,  whereby  the  plaintiff  fell  down  into  the  area, 
and  was  hurt,  that  when  he  took  possession  of  the  house,  and 
as  long  back  as  could  be  remembered,  the  area  was  in  the  same 
open  state  as  when  the  accident  happened.  3  Camp.  398.  Wood- 
fall's  Land.  &  Ten.  849. 

If  the  owner  of  a  house  is  bound  to  repair  it,  he,  and  not  the 
occupier,  is  liable  to  an  action  on  the  case  for  an  injury  sustained 
by  a  stranger  from  the  want  of  repair.     2  11.  Black.  340. 


64 


PRIVATE  WATS. 


An  action  lies  against  a  party  for  so  negligently  constructing 
and  keeping  a  hay  rick  on  the  extremity  of  his  land  that  in  con- 
sequence of  its  spontaneous  ignition,  his  neighbor's  house  is 
burnt  down.   3  Bing.  N.  C.  468. 


OF   PRIVATE    WAYS. 

A  right  of  way  over  another  man's  land  may  arise  either  by 
grant  of  the  owner  of  the  soil,  or  by  prescription  which  supposes 
a  grant,  or  from  necessity.   1  Rol.  Abr.  Chemin  private,  10. 

By  Grant. — A  grant  of  a  right  of  way,  to  be  valid,  must 
be  by  deed;  so  also  must  a  release.  9  Mete.  402. 

Where  a  right  of  way  is  granted,  without  any  designation  of 
the  place  in  the  deed,  it  becomes  located  by  usage  for  a  length 
of  time.  And  being  so  located,  it  cannot  afterwards  be  changed 
*iy  the  grantor.  But  if  changed,  and  the  grantee  has,  for  a 
tenglh  of  time,  used  the  new  road,  his  acquiescence  in  the  al- 
teration w.Ml  be  presumed.   12  John.  222. 

Undei  a  grant  of  a  way  from  one  close  to  another,  in, 
through,  and  along  a  particular  way,  the  grantee  is  not  justified 
in  making  a  transverse  road  across  the  same.  So  a  reservation 
in  a  lease  of  a  riglit  of  way  on  foot,  and  for  horses,  oxen,  cattle, 
and  sheep,  does  not  give  any  right  of  way  to  carry  man-;!" 
And  it  has  been  decided,  also,  that  a  right  of  way  for  agricul- 
tural purposes  is  a  limited  and  qualified  right  of  way,  and  does 
not  necessarily  confer  a  right  to  use  such  way  for  general  and 
universal  purposes.  And  generally  a  grant  of  a  right  of  way  is 
construed  strictly,  and  the  grantee  cannot  use  the  way  for  any 
other  purpose  than  that  for  which  it  was  granted.  1  T.  R.  560; 
1  Ad.  &  E.  N.  S.  792 :  Holt,  4.55. 

Under  a  grant  of  a  right  of  way  across  the  grantor's  lot  ot 
land,  the  grantee  has  not  a  right  to  enter  at  one  place,  go 
partly  across,  and  then  come  out  at  another  place  on  the  same 
side  of  the  lot ;  and  parol  evidence  to  show  that  such  was  the 
intention  of  the  grant  is  inadmissible.  Held,  also,  that  drag- 
ging timber  from  the  grantee's  lot  upon  the  grantor's  land,  for 
the  purpose  of  turning  it  round,  was  a  misuse  of  the  right  of  way. 
5  Pick.  163. 

The  owner  of  land,  over  which  his  grantor  has  reserved  a 
passage-way,  may  lawfully  cover  such  passage-way  with  a 
building,  if  he  leave  a  space  so  wide,  high,  and  light,  that  the 
way  is  substantially  as  convenient  as  before  for  the  purpose  for 
which  it  was  reserved.  And  he  is  not  liable  for  damages,  al- 
though the  passage-way,  by  reason  of  its  being  so  covered,  be- 
comes to  a  greater  extent  the  resort  of  strangers,  to  the  annoy- 
ance of  the  grantor.  2  Mete.  457. 

All  which  the  person  havincr  this  easement  can  lawfully 
elaim  is  the  use  of  the  surface  for  passing  and  repassing,  with 
a  right  io  enter  upon  and  prepare  it  for  that  use,  by  levelling, 


BY  GRANT.      BY   PBESCRIPTION.  65 

gravelling,  ploughing,  or  paving,  according  to  the  nature  of 
the  way  granted  or  reserved  ;  that  is,  for  a  foot-way,  a  horse- 
way, or  a  way  fur  all  teams  and  carriages ;  and  the  owner  of 
the  soil  has  all  the  rights  and  benefits  of  ownership  consistent 
with  such  easement.  When  no  dimensions  of  a  way  are  ex- 
pressed, the  dimensions  must  be  inferred  to  be  such  as  are 
reasonably  sufficient  for  the  accomplishment  of  the  object,  if 
it  be  a  footway  only,  it  shall  be  reasonably  wide  and  hieh  for 
all  persons  to  pass  on  foot  with  such  things  as  are  usually  car- 
ried by  foot  passengers.  If  it  be  a  way  for  teams  and  carriages, 
it  shall  be  of  sufficient  height  and  breadth  to  admit  of  carriages 
of  the  largest  size  in  common  use,  and  high  enough  for  loads 
of  hay  and  other  similar  vehicles  usually  movjjd  by  teams.  8 
Mete' 457;  6  Mass.  454. 

The  granfee,  and  not  the  grantor,  of  a  right  of  way  \anaX 
keep  it  in  rep;iir  ;  and  if  the  way  become  impa--sable  from 
want  of  repairs,  tlie  grantee  cnnnot  devi:ite  from  the  way  and 
pass  over  on  the  adjoining  land.  Thus,  it  is  no  defence  to  an 
acti<m,  that  the  defendant  has  a  right  of  way  over  part  of  the 
plaintifT's  land,  and  that  he  had  gone  upon  the  adjoining  land 
because  the  way  was  impassahlc  from  being  overflowed  by  a 
river.     12  John.  2-22  ;  2  U.iug.  745. 

Kut  though  the  grantor  of  a  right  of  way  is  not  liable  for 
suflrerin>r  it  to  be  out  of  repair,  unless  he  is  bound  by  contract 
or  prescription  to  keep  it  in  repair,  yet  he  is  liable  for  stopping 
it.      12  M  iss.  ()5. 

By  Prescription.  —  In  most  of  the  States,  the  adverse  en- 
joyment of  a  right  of  way  for  twenty  years  establishes  an 
^ibsoluie  right  lo  the  way,  and  is  a  lei;al  bar  to  any  action 
brought  by  the  owner  of  the  soil  against  the  person  using  the 
way  :  and,  in  some  of  the  States,  even  a  less  lime  than  twenty 
years  is  sufficient  to  establish  such  right  —  as  in  Vermont  and 
Connctaicut  fifteen  yeiirs  are  held  sufficient.  Hut  in  Nevr 
Jersey  and  Pennsylvairia,  no  length  of  time  is  sufficient  to 
confer  an  nbxolule  right;  thouL'h  the  enjoyment  of  a  right  of 
way  for  a  long  time,  as  for  twenty  years,  would  r.iise  a  pre- 
sumption of  a  grant,  and,  unless  rebutted  by  other  evidence, 
would  M'arrnnt  a  jury  in  deciding  against  the  owner  of  the  soil, 
and  in  favor  of  thi;  pt^rsou  using  the  way.  2  Ijruwn's  Peiin., 
U.  2U2  ;  3  Malst    N.  J.  W.  125. 

To  suppori  a  i;laiin  t.i  a  right  of  way  to  and  from  an  estate 
by  tvvemy  years'  adverse  possession,  the  claim  must  be  shown 
lo  hiivrt  been  uninlerrvp/ed.  Hence,  if  A.  has  adverse  pne- 
Bession  ft>r  two  years  only,  and  conveys  his  estate,  several  yeart 
afterwards,  to  M  ,  who  has  adverse  possessu)n  for  eighteen  ' 
years,  the  two  yeirs'  possession  by  A.  cHmmt  be  added,  is 
order  lo  make  up  ilie  twenty  years.     7  Meic.  33. 

Neither   acts   of  ciiur/isy,    ntir   conr'-nienre,  c;in  give  one  ft 
right  of  way  over  another's  land.     3  M'Cord,  131. 
h.  it  T.  6 


66  NECESSITY.       HIGUWAY.        RUNNING    WATER. 

A  right  of  way  is  not  lost  by  a.non-user  for  any  period  less 
than  twenty  years.     10  Pick.  311. 

By  Necessity. — If  a  man,  having  two  parcels  of  land,  to 
one  of  which  he  has  no  access,  except  over  the  other,  convey 
such  inaccessible  parcel,  the  grantee?  has  a  right  of  way  to  it 
over  the  other  parcel,  as  incident  to  the  grant.  So  if  tho  own- 
er convey  the  accessitde  parcel,  retaining  the  inaccessible  one, 
a  rieht  of  way  to  the  latter  over  the  former  is  reserved  to  the 
grantor.  A  person  claiming  a  right  by  necessity  is  entitled, 
however,  only  to  a  convenient  way  over  the  other's  land,  and 
will  have  no  right  to  pass  over  it  wherever  he  pleases.  He 
must  select  a  suitable  route  for  his  way  ;  but  in  doing  it  he 
must  regard  the  interest  and  convenience  of  the  owner  of  the 
land  ;  and  whence  has  done  it  he  will  be  conUned  to  the  same 
way,  and  may  not  change  its  course  according  to  his  wislies  or 
caprice.     2  Cruise's  Dig.  124  ;  24  Pick.  102  ;  15  Conn.  39. 

Thus,  if  one  has  a  right  of  way  by  necessity  over  the  land  of 
another,  he  is  bound  to  use  it  so  as  to  occasion  ihe  least  possible 
inc(mvenience  to  the  owner  of  the  land.  All  that  a  person  en- 
titled to  such  an  easement  can  reasonably  claim,  is  a  convenient 
way  ;  and  if  this  is  allowed  him  by  the  owner  of  the  land,  he 
has  no  cause  to  complain.     2  Pick.  578. 

A  right  of  way  by  necessity  cannot  be  claimed  by  one  who 
has  a  way  over  his  own  ground,  however  inconvenient  that  may 
be.     3  Hawle,  402. 

A  way  of  necessity  is  limited  by  the  necessity  which  created 
it;  and  when  such  necessity  ceasts,  the  right  of  way  also 
ceases  ;  therefore,  if  at  any  subsequent  period,  the  party  for- 
merly entitled  to  such  way  can  approach  the  place  to  which  it 
led,  by  passing  over  his  own  land  by  as  direct  a  course  :is  he 
would  have  done  by  using  the  old  wav,  such  way  ceases  to  ex 
ist  as  of  necessity.     2  Bing.  76  ;   15  Conn.  30. 

Highway.  —  By  the  common  law,  the  ive  in  the  soil  remains 
in  <he  original  owner,  where  a  public  road  is  made  up<m  it,  but 
the  use  of  the  road  is  in  the  public.  'I  he  owner  parts  with  these 
only  ;  for  if  the  road  should  be  vacated  by  the  public,  heresuioes 
the  exclusive  possession  of  the  grcmnd  ;  while  it  is  used  as  a 
highway,  he  is  entitled  to  the  limber  and  grass  which  may  grow 
upon  the  surface,  and  to  all  the  minerals  which  may  be  found 
below  it.  He  may  bring  an  action  of  trespass  against  any  one 
who  obstructs  the  road.     6  Pt  t.  498. 

There  is  a  temporary  right  of  way  over  the  adjoining  land,  if 
the  hi'jhway  be  out  of  repair,  or  be  otherwise  impassable,  aa 
by  a  flood.     Dong.  R.  745. 

Running  Water.  —  Every  man,  through  whose  land  water 
passes,  may  use  it  for  watering  his  cattle  or  irrigating,  and  he 
may  do  this,  either  by  dipping  water  from  the  bmok  and  pour- 
ing it  upon  his  land,  or  by  making  small  sluices  for  the  same 
purpose ;  but  he  must  use  it  in  this  latter  way  so  as  to  do  the 


HIORITY   OF    OCCUPANCY.  67 

least  possible  injury  to  his  neighbor,  who  has  the  same  right. 
And  where  the  owner  of  land  through  which  a  natural  stream 
flows,  diverts  the  water  for  the  purpose  of  irrigation,  without 
returning  the  surplus  into  the  natural  channel,  whereby  the 
owner  of  land  below,  entitled  to  use  the  water  in  the  same 
manner,  is  deprived  of  his  privilege,  an  action  lies.  Streams  of 
water  are  intended  for  the  use  and  comfort  of  man,  and  every 
proprietor  is  entitled  to  a  rea.sonable  use  of  the  water,  and  may 
apply  it  to  domestic,  agricultural,  and  manufacturing  purposes; 
but  not  so  as  to  destroy  or  materially  diminish,  or  affect  the  ap- 
plication of  the  water  by  the  proprietors  below  on  the  stream. 
6  Pick.  175  i   12  Wend.  331. 

Where  several  owners  of  mill-seats  on  a  running  stream  have 
a  common  and  equal  right  to  ihe  use  of  the  water,  though  no 
action  lies  against  the  owner  of  a  mill  above  for  any  damage 
which  the  owner  of  a  mill  below  may  incidentally  suffer  from 
the  reasonable  use  of  the  water  by  the  former  for  his  own  benefit; 
yet  the  owner  of  the  mill  above  has  not  an  unlimited  right  to 
use  the  water  as  he  pleases,  or  to  stop  the  natural  flow  of  the 
stream,  so  as  to  destroy  or  render  useless  the  mills  below.  And 
if  he  shuts  down  his  gate,  and  detains  the  water  for  an  unreason' 
able  time,  ur  lets  it  out  in  such  unusual  quantities  as  to  prevent 
the  owner  of  the  mill  below  from  using  it,  or  deprive  him  of  a 
reasonable  and  fair  participation  in  the  benefit  of  the  stream,  he 
is  answerable  for  the  damage  thus  sustained.     17  John.  306. 

The  owner  of  an  ancient  mill  may  change  the  character  and 
use  of  his  mill  at  pleasure,-  without  impairing  his  right  to  the 
water,  if  he  does  not  thereby  injure  his  neighbor's  mill,  and  re- 
turns the  water  again  to  its  ancient  channel,     8  Greenl.  253. 

The  exclusive  enjoyment  of  the  use  of  water  in  a  particular 
way  for  twenty  years  is  sufl[icient  to  raise  a  presumption  of  title 
to  such  use ;  and  it  is  not  necessary  that  the  water  should  have 
been  used  precisely  in  the  same  manner  or  to  propel  the  same 
machinery.  So  after  twenty  years'  uninterrupted  enjoyment  of 
a  spring  of  water,  an  absolute  right  to  it  is  gained  by  the  occu- 
pier of  the  close  in  which  it  issues  above  ground ;  and  the  owner 
of  an  adjoining  close  cannot  lawfully  cut  a  drain  whereby  the 
supply  of  water  by  the  spring  is  diminished.  3  Page  R.  577. 
1  Camp.  463. 

A  mill  privilege  cannot  be  considered  as  extinguished  or 
abandoned  by  disuse,  until  such  disuse,  entire  and  complete,  has 
continued  twenty  years.     7  Mete.  94. 

Mere  priority  of  occupancy  of  the  flowing  water  of  a  river 
creates  no  right ;  and  an  adverse  enioyment  of  water  in  a  stream, 
for  any  period  less  than  twenty  years,  is  not  sufficient  to  estab- 
lish a  right  by  prescription.     5  N.  Hamp.  231. 

Where  a  right  exists  to  use  a  certain  quantity  of  water,  a 
change  in  the  mode  or  objects  of  the  use,  without  increasing  the 
quantity,  is  do  violation  of  the  right.     2  N.  Hamp.  255. 


STATE    LAWS 


KKLATIIfO   TO 


LANDLORD    AND    TENANT. 


CHAPTER    III. 


MAINE. 

Chap.  95.  Sec.  17.  A  widow  may  remain  in  the  liouse  of  her 
husband,  ninety  days  after  his  death,  without  being  chargeable 
with  rent  therefor. 

Sec.  19.  All  tenancies  at  will  may  be  determined  by  either 
party,  by  three  months'  notice  in  writing,  for  that  piirposf* given 
to  the  other  party  ;  and,  when  the  rent,  due  upon  such  lease,  is 
payable  at  periods  of  less  than  three  months,  the  time  of  such 
notice  shall  be  sufficient,  if  it  be  equal  to  the  interval  between 
the  days  of  payment  ;  and,  in  all  cases  of  neglect  or  refusal  to 
pay  the  rent  due  on  a  lease  at  will,  thirty  days'  notice  to  quit, 
given  in  writing  by  the  landlord  to  the  tenant,  shall  be  suffident 
to  determine  the  lease. 

Sec.  20.  The  preceding  section  shall  not  be  construed  to  ex- 
tend, or  be  applicable  to  the  proceedings  in  cases  of  forcible 
entry  and  detainer,  or  the  notice  required  in  such  cases.  On 
complaint  made  in  writing  and  on  oath,  of  any  unlawful  or  for- 
cible entry  into  any  lands  or  tenements,  a  summons  shall  be 
served  on  the  tenant  seven  days  at  least,  before  the  day  set  for 
trial,  &c. 

Chap.  125.  Sec.  40.  When  any  lot,  or  parcel  of  land,  or  any 
mill  privilege  shall  be  leased  for  the  purpose  of  having  a  house, 
shop,  mill,  or  other  building  erected,  or  placed  thereon,  and 
rent  is  reserved  in  the  lease,  all  the  buildings  erected  as  afore- 
said, together  with  all  the  interest  which  the  lessee  before  had, 
or  may  have  in  the  premises,  by  force  of  such  lease,  shall  re- 
main liable  to  be  attached  by  any  such  lessor,  or  his  assignee, 
to  secure  the  rent  due  on  such  lease,  notwithstanding  any  pre- 
vious transfer  of  property  by  the  lessee  ;  provided  such  attach- 
ment be  made  within  six  months  from  the  time  such  rent  be- 
comes due. 

Suits  must  be  commenced  within  six  years.  Also,  all  actions 
for  waste. 

Chap.  128.  Sec.  1.  Any  justice  of  the  peace  in  the  county 
iu  which  he  resides  shall  have  jurisdiction  in  all  cases  of  forci- 


MAINE   STATUTES.  69 

ble  entry  and  detainer,  except  in  a  city  or  town  where  there  is 
a  municipal  or  police  court. 

Sec.  2.  On  complaint  made  to  him,  in  writing  and  on  oatif, 
of  any  unlawful  and  forcible  entry,  into  any  lands  or  tenements, 
or  any  unlawful  and  foicible  detainer,  he  shall  issue  his  warrant, 
under  hand  and  seal,  directed  lo  the  sheriff  or  his  deputy,  or  a 
constable  of  the  town  where  the  person  charged  resides,  to  sum- 
mon him  to  show  cause  why  judgment  should  not  be  rendered 
against  him  ;  which  summons  shall  be  served  upon  him  by  read- 
ing the  same  in  his  presence  and  hearing,  or  by  delivering  him 
a  copy,  or  leaving  it  at  his  last  and  usual  place  of  abode,  seven 
days  at  least  before  the  day  set  for  trial. 

Sec.  3.  On  return  of  such  service,  in  case  of  the  non-appear- 
ance and  default  of  the  party  charged,  or  his  failing  to  shew 
suHicient  cause,  judgment  shall  be  rendered  against  him  for  pos- 
session of  the  premises,  and  the  justice  shall  issue  a  writ  of 
possession  to  remove  him. 

Sec.  4.  Should  the  defendant  plead  not  guilty  to  the  com- 
plaint, and  file  a  brief  statement  of  title  in  himself  or  some  oth- 
er person  under  whom  he  claims  the  premises  in  question,  the 
justice  shall  thereupon  order  him  to  recognize  to  the  complain- 
ant, with  sufficient  sureties,  in  such  sum  as  the  justice  shall 
order,  to  pay  all  intervening  damages  and  costs,  and  reasonable 
intervening  rent  for  the  premises ;  and  said  justice  shall  require 
the  complainant  to  recognize  to  the  defendant,  with  sufficient 
sureties,  in  a  reasonable  sum,  conditioned  to  enter  the  action  at 
the  next  district  court,  and  prosecute  the  same  to  final  judgment, 
and  pay  all  costs  adjudged  against  him  ;  and,  if  either  party 
shall  refuse  so  to  recognize,  said  justice  shall  enter  judgment, 
as  in  case  of  non-suit  or  default,  against  the  parly  so  neglecting 
or  refusing.  Either  party  may  appeal  from  the  judgment  of 
the  justice,  upon  issue  joined,  to  the  next  district  court,  recog- 
nizing, as  aforesaid,  to  pay  such  costs  as  may  be  adjudged 
against  him  ;  and  if  the  defendant  shall  appeal,  he  shall  recog- 
nize to  pay  such  reasonable  intervening  rent  for  the  premises,  as 
such  justice  shall  adjudge,  in  case  his  judgment  shall  not  be  re- 
versed on  such  appeal. 

Sec.  5.  Whenever  a  tenant,  whose  estate  in  the  premises  is 
determined,  shall  unlawfully  refuse  to  quit  the  same,  after  thirty 
days'  notice  in  writing,  given  by  the  lessor  for  tliat  purpose,  he 
shall  be  liable  to  the  provisions  of  this  act ;  provided  he  shall 
not  have  been  in  quiet  possession  of  the  premises  three  whole 
years  next  preceding  the  filing  of  such  complaint. 

Sec.  6.  Every  municipal  and  police  court,  now  established, 
or  which  may  be  established,  in  any  city  or  town,  shall  have  ex- 
clusive jurisdiction  of  all  cases  of  forcible  entry  and  detainer, 
arising  in  the  city  or  town  where  such  court  is  or  shall  be  estab-' 
lished ;  and  concurrent  jurisdiction  with  justices  of  the  peace 
and  quorum  in  such  cases  arising  in  the  counties  in  which  they 
are  or  shall  be  respectively  established. 
L.  k  T.  6* 


70)  NEW   HAMPSHIRE    STATUTES. 

NEW    HAMPSHIRE. 

Page  224,  Sec.  1.  Any  lessor,  or  owner  of  any  lands  or  ten- 
ements, may  at  any  time  determine  any  lease  at  will,  or  ten- 
ancy at  sufferance,  by  giving  to  the  tenant,  or  occupant,  a  no- 
tice in  writing  to  quit  the  same  at  a  day  therem  named. 

Sec  2.  If  any  tenant,  or  occupant,  neglects,  or  refuses  to  pay 
the  rent  due  and  in  arrear,  upon  demand,  seven  days'  notice 
shall  be  sufficient.  If  the  rent  is  payable  more  frequently  than 
once  in  three  months,  whether  such  rent  is  due  or  not  due, 
thirty  days'  notice  shall  be  sufficient,  and  three  months'  notice 
shall  be  sufficient  in  all  cases. 

Sec.  3.  If  any  lessee  shall  violate  the  condition  of  any  writ- 
ten lease,  notice  to  quit  at  the  end  of  seven  days  shall  be  suffi- 
cient and  equivalent  to  an  entry  for  condition  broken. 

Sec.  4.  If  any  lessee  shall  hold  over  after  the  expiration  of  a 
definite  written  lease,  seven  days'  notice  shall  be  sufficient. 

Sec.  5.  Every  tenancy,  or  occupancy,  shall  be  deemed  to  be 
at  will,  and  the  rent  payable  upon  demand,  unless  a  different 
contract  is  shown. 

Sec.  6.  Any  lessee  may  terminate  his  lease  by  notice  in  wri- 
ting in  the  same  manner  as  the  lessor,  and  such  notice  shall 
have  the  same  effect  for  all  purposes  as  a  notice  by  the  lessor  to 
the  lessee. 

Sec.  7.  The  owner  or  lessor  of  any  tenement  or  Teal  estate, 
may  recover  possession  thereof,  against  any  lessee  or  occupant, 
holding  the  same  without  right,  after  a  notice  to  quit  the  same 
in  the  manner  herein  prescribed. 

Sec.  8.  A  writ  of  summons  may  be  issued,  returnable  before 
a  justice,  which  shall  set  forth  in  substance,  that  the  plaintifi'  is 
entitled  to  the  possession  of  the  demanded  premises,  and  that 
the  defendant  is  in  possession  of  the  same  without  right,  after 
notice  in  writing  to  quit  the  same. 

Sec.  9.  Such  writ  shall  be  served  seven  days  before  the  re- 
turn day  thereof. 

Sec.  10.  If  the  defendant  shall  make  default,  or  if  on  trial  it 
shall  be  considered  by  the  justice  that  the  plaintiff  has  sustained 
his  complaint,  judgment  shall  be  rendered,  that  the  plaintiff  re- 
cover possession  of  the  demanded  premises  and  costs. 

Sec.  11.  A  writ  of  possession  shall  be  thereupon  issued  by 
said  justice  substantially  in  the  form  prescribed  by  law,  in  the 
case  of  like  writs  issued  in  the  court  of  common  pleas. 

Sec.  13.  If  the  plaintiff  shall  neglect  to  enter  his  action,  or  to 
support  the  same,  judgment  shall  be  rendered  for  the  defendant 
for  his  costs. 

Sec.  13.  Under  the  general  issue  the  defendant  shall  not  be 
allowed  to  offer  any  evidence  which  may  bring  the  title  to  the 
demanded  premises  in  question. 

Sec.  14.  If  the  defendant  shall  plead  any  plea  which  may 
bring  in  question  the  title  to  the  demanded  premises,  he  shall  re- 


VERMONT   STATOTES.  71 

cognize  to  the  plaintiff,  with  sufficient  sureties,  in  such  sum  as 
the  justice  ehall  order,  to  enter  and  prosecute  said  action  at  the 
next  court  of  common  pleas  for  the  county,  and  to  pay  all  rent 
then  due,  or  whicli  shall  become  due,  pending  said  aclion,  and 
the  damages  and  costs  which  may  be  awarded  against  him. 

Sec.  15.  If  the  defendant  shall  neglect  or  refuse  so  to  recog- 
nize, judgment  shall  be  rendered  against  him  in  the  same  man- 
ner as  if  he  had  refused  to  make  answer  to  the  suit. 

Sec.  16.  After  the  filing  of  such  plea,  and  the  entry  of  such 
recognizance,  no  further  proceedings  shall  be  had  before  such 
justice,  but  the  aclion  may  be  entered  and  prosecuted  in  the 
court  of  common  pleas  in  the  same  manner  as  if  it  had  originally 
commenced  there. 

Sec.  17.  Any  party  may,  within  two  hours  after  the  rendition 
of  such  judgment,  appeal  to  the  next  court  of  common  pleas  for 
the  county. 

Sec.  18.  The  plaintiff,  before  his  appeal  is  allowed,  shall  re- 
cognize to  the  defendant  with  sufficient  sureties,  in  such  sum  as 
the  justice  may  order,  to  enter  and  prosecute  his  appeal  and  to 
pay  such  costs  as  may  be  awarded  against  him. 

Stc.  19.  The  defendant,  before  his  appeal  is  allowed,  shall 
recognize  to  the  plaintiff,  with  sufficient  sureties,  in  such  sums 
as  the  justice  may  crder,  to  enter  and  prosecute  his  appeal,  and 
to  pay  all  rent  then  due,  or  which  may  become  due  pending  such 
suit,  and  such  damages  and  costs  as  may  be  awarded  against 
him. 

Sec.  22.  Nothing  in  this  chapter  shall  be  construed  to  pre- 
vent any  landlord  from  pursuing  his  legal  remedy  at  common  law. 

Page  243.  No  lease  for  more  than  seven  years  from  the 
making  thereof,  shall  be  valid  to  hold  the  same  against  any  per- 
son but  the  grantor  and  his  heirs  only,  unless  such  lease  be  at- 
tested by  two  or  more  witnesses,  a  ;knowledged  and  recorded  in 
the  registry  of  deeds  in  the  county  in  which  such  lands  lie. 

Any  person  interested  in  such  lease  may  cause  the  same  to 
be  recorded. 

VERMONT. 

Chap,  60,  Sec.  6.  No  lease  for  more  than  one  year  from 
the  making  thereof,  of  any  lands  in  this  state,  shall  be  good  and 
effectual  in  law,  unless  the  deed  thereof  be  acknowledged  and 
recorded,  &c. 

Sec.  23.  The  assignment  of  any  lease  of  lands,  if  the  lease 
is  for  a  longer  term  than  one  year,  shall  be  by  deed,  signed, 
ealed  and  witnessed,  acknowledged  and  recorded. 

Sec.  13.  Tenants  in  common  of  any  lands  may  join  in  any 
ction  which  concerns  their  common  interest  in  any  such  lands. 

Skc.  14.  In  actions  of  ejectment  for  non-payment  of  rent,  the 
plaintiff  shall  not  be  required  to  prove  a  demand  of  the  rent  in 


75?  VERMONT   STATUTES. 

arrear,  or  a  re-entry  on  the  premises,  but  shall  recover  judgment 
in  the  same  manner  as  if  the  rent  in  arrear  had  been  legally  de- 
manded and  re-entry  made  ;  but  if  the  defendant  in  any  such 
action,  at  any  time  before  final  judgment,  shall  pay  into  court 
the  rent  in  arrear,  with  the  interest  and  costs  of  suit,  such  ac- 
tion shall  be  discontinued. 

Sec.  21.  The  plaintiff,  in  an  action  of  ejectment,  shall  recov- 
er nothing  for  the  mesne  profits  of  the  land,  except  on  such  im- 
provements as  were  made  by  him  or  those  under  whom  he  claims. 

Chap.  42.  Sec.  13.  When  any  person,  wrongfully  and  with- 
out force,  shall  obtain,  or  continue  in  possession  of  any  lands  or 
tenements,  and  after  demand  made  in  writing  for  the  delivery  of 
the  possession  thereof,  by  the  person  entitled  to  such  possession, 
or  his  agent  or  attorney,  shall  refuse  or  neglect  to  quit  such 
possession  ;  upon  complaint  thereof,  in  writing,  to  two  justices 
of  the  peace,  one  of  whom  shall  be  a  judge  of  the  county  court, 
they  shall  proceed  to  hear,  try,  and  determine  the  same  in  like 
manner  as  in  cases  of  forcible  entry  and  detainer,  and  issue  a 
writ  of  restitution  accordingly. 

Sec  14.  The  preceding  section  shall  not  be  construed  to 
apply  to  any  case  where  a  person  with,  or  without  force,  holds 
over  any  lands  or  tenements  after  the  determination  of  the  time 
for  which  the  same  were  leased,  or  demised,  by  a  written  lease, 
or  ejectment,  accepted  by  the  tenant,  or  to  any  person  holding 
under  the  lessee. 

Sec.  15,  When  any  person  shall  wilfully,  and  with  or  with- 
out force,  hold  over  any  lands  or  tenements  after  the  termination 
of  the  time  for  which  they  were  demised  or  let  to  him,  or  the 
person  under  whom  he-  claims,  by  a  written  lease  or  agreement, 
and  after  demand  made,  in  writing,  for  the  delivery  of  the  pos- 
session, by  the  person  entitled  to  the  same,  his  agent  or  attor- 
ney, shall  refuse  or  neglect  to  quit  such  possession  upon  com- 
plaint thereof,  in  writing,  to  any  justice  of  the  same  county, 
such  justice,  by  a  jury  of  six  men,  empanelled  in  the  same  man- 
ner as  juries  are  by  law  empanelled  to  attend  justice's  courts, 
shall  proceed  to  hear,  try  and  determine  the  same  in  like  manner 
as  in  cases  of  forcible  entry  and  detainer,  and  issue  a  writ  of 
restitution  accordingly.* 

Sec.  18.  The  complainant  shall  have  a  right  to  an  action  of 
trespass  against  the  person  complained  of,  and  who,  on  trial, 
shall  be  found  guilty,  to  recover  treble  damages  from  the  time 
of  notice  given  to  quit  the  premises,  and  tintil  that  time,  the 
real  damages  only. 

.  •  In  the  above  cases,  the  original  i)roces8  is  by  sommons  and  attachment  as 
in  civil  suiis,  and  the  person  complained  against  is  not  liable  to  be  fined  ;  and 
any  person  who  shall  nave  remained  three  years  in  quiet  possession  of  the 
premises,  beyond  the  lime  for  which  they  were  demised,  shall  not  be  subject 
to  the  above  provisions.  « 


MASSACHUSETTS   STATUTES.  73 

MASSACHUSETTS. 

When  a  tenant,  paying  rent  for  real  estate,  shall  be  taxed 
therefor,  he  may  retain,  out  of  his  rent,  the  one  half  of  the  tax- 
es paid  by  him  ;  and  when  a  landlord  is  assessed  for  such  real 
estate,  he  may  recover  the  one  half  of  the  taxes  paid  by  him, 
and  his  rent,  in  the  same  action  against  his  tenant :  unless  there 
be  an  agreement  to  the  contrary. — p.  76. 

No  bargain  and  sale,  or  other  like  conveyance,  of  any  estate 
in  fee  simple,  fee  tail,  or  for  life,  and  no  lease,  for  more  than 
seven  years  from  the  making  thereof,  shall  be  valid  and  effectu- 
al, against  any  person,  other  than  the  grantor,  and  his  heirs  and 
devisees,  and  persons  having  actual  notice  thereof,  unless  if  is 
made  by  a  deed,*  recorded,  as  provided  in  this  chapter. — p.  407. 

An  action  may  be  brought  by  and  against  executors  and  ad- 
ministrators, for  any  arrears  of  rent  accrued  in  the  lifetime  of 
the  deceased  parties. — p.  412. 

All  estates  at  will  may  be  determined  by  either  party,  by  three 
months'  notice  in  writing,  for  that,  purpose,  given  to  the  other 
party  ;  and  when  the  rent  reserved  in  such  lease  is  payable  at 
periods  of  less  than  three  months,  the  time  of  such  notice  shall 
be  sufficient,  if  it  be  equal  to  the  interval  between  the  days  of 
payment;  and  in  all  cases  of  neglect  or  refusal  to  pay  the  rent 
due  on  a  lease  at  will,  fourteen  days'  notice  to  quit,  given  in 
writing  by  the  landlord  to  the  tenant,  shall  be  sufficient  to  de- 
termine the  lease. t — p.  412. 

Rent  may  be  recovered  in  an  action  of  debt ;  and  the  deed  of 
demise,  or  otiier  instrument  in  writing,  if  there  be  any,  show- 
ing the  provisions  of  the  lease,  may  be  used  in  evidence  by 
either  parly  to  prove  the  amount  of  rent  due  from  the  defend- 
ant.— p.  412. 

All  terms  for  years,  when  the  original  lease  was  for  one  hun- 
dred years,  or  more,  and  so  long  as  fifty  years,  or  more,  of  the 
term  remain  unexpired,  shall  be  regarded  as  real  estate,  so  far 
as  concerns  the  levying  of  an  execution  thereon,  and  all  other 
terms  for  years  shall  be  seized  and  sold  on  execution,  in  the  same 
manner  as  personal  chattels. — p.  591. 

Suits  must  be  commenced  within  three  years. — ch.  104.  p.  628. 

The  person,  entitled  to  the  possession  of  the  premises,  may 
take,  from  any  justice  of  the  peace,  a  writ  in  the  form  used  for 
an  original  summons  in  common  civil  actions  before  justices  of 

•The  ackiiowledgmem  ofdceds  shall  l)e  liy  the  (rrHniois.  or  mie  of  ihi-m,  or 
by  the  auoniey  executing  the  same,  before  niiy  jublicc  of  the  peace  in  'his 
state,  iir  l)e(i>re  any  jUolice  ot  the  peace,  niapistrnle,  or  notary  pulilic,  within 
ihe  United  Siniers,  or  in  a  foreign  country;  or  before  nny  coinniisbioner,  ap- 
pointed lor  ihitl  purpo.^e  l)y  the  governnr  of  this  rornmimwtmlih,  or  before  any 
minister  or  coniiul  of  the  ij.  S.  in  any  foreign  country'- — P-  ^06. 

t  A  lennnl  at  will,  paying  by  the  week,  month,  or  quarter,  must  give,  or 
receive  n.iiice  to  quit,  for  the  same  period  of  ume  ;  nmt  ilic  cxpiraiinn  of  the 
notice  must  be  nt  ihe  expiration  of  the  quartet,  month,  or  week.  If  there  be  a 
lease  for  a  certain  time,  no  notice  is  necessary,  as  ihu  time  of  lerminalion  is 
presumed  to  be  kauwii  by  both  parties. 


74  MASSACHUSETTS    STATUTES. 

the  peace,  in  which  the  defendant  shall  be  summoned  to  answer 
to  the  complaint  of  the  piaintitf,  for  that  the  defendant  is  in  pos- 
session of  the  lands  or  tenements  in  question,  describing  thera 
which  he  holds  unlawfully,  and  against  the  right  of  the  plain- 
tiff, as  it  is  said  ;  and  no  other  declaration  shall  be  required. — 
oh.  104.  p.  G28. 

The  writ  shall  be  served  seven  days  at  least  before  the  return 
day,  and  the  suit  shall  be  conducted  like  other  civil  actions  be- 
fore justices  of  the  peace. — ib. 

If  the  defendant  shall  be  defaulted,  or  if  on  a  trial  it  shall  be 
proved  to  the  satisfaction  of  the  justice,  that  the  plaintiff  is  en- 
titled to  the  possession  of  the  premises,  he  shall  have  judgment 
for  the  possession  thereof,  and  for  his  costs,  and  execution  shall 
issue  accordingly. — ib. 

Either  party  may  appeal  from  the  judgment  of  the  justice, 
and  the  suit  shall  be  thereupon  conducted  in  the  same  manner, 
as  is  prescribed  in  cases  of  appeal  from  justices  of  the  peace  in 
other  civil  actions. — tb. 

If  it  shall  appear  by  the  pleadings  or  otherwise,  in  any  such 
suit,  that  the  title  to  the  freehold  is  brought  in  question,  the  case 
shall,  at  the  request  of  either  party,  be  transferred  to  the  court 
of  common  pleas. — ib. 

If  the  plaintiff  shall  claim  any  rent,  as  due  on  any  lease, 
whether  in  writing  or  otherwise,  and  if  the  defendant  shall  ap- 
peal, or  if  the  case  shall  be  transferred  to  the  court  of  common 
pleas,  at  his  request,  he  shall  recognize  to  the  plaintiff,  with 
sufficient  surety  or  sureties,  not  only  to  enter  the  action,  but 
also  to  pay  all  rent  then  due,  and  all  intervening  rent,  damages 
and  costs. — ib. 

If  the  case  shall  be  transferred  to  the  court  of  common  pleas, 
at  the  request  of  the  defendant,  upon  any  plea  or  suggestion  by 
him,  that  shall  bring  in  question  the  title  to  the  freehold,  and  if 
it  shall  appear  to  the  court  of  common  pleas,  or  to  the  supreme 
court,  in  case  the  action  should  be  there  determined,  that  the 
defendant  originally  entered  on  the  premises,  under  a  lease  from 
the  plaintiff,  or  from  any  person,  under  whom  the  plaintiff  claims, 
or  that  he  held  them  under  any  such  lease,  and  that  his  said 
plea  or  suggestion  was  frivolous,  and  intended  for  delay,  the 
court  shall  cause  a  certificate  thereof  to  be  entered  on  the  record, 
and  the  defendant  shall  thereupon  be  liable  to  pay  double  the 
yearly  value  of  the  demised  premises,  from  the  time  of  the  notice 
to  quit  the  same,  which  may  be  recovered  of  the  defendant  and 
bis  sureties  in  the  recognizance. — p.  639. 

Keeping  a  house  of  ill  fame  vacates  the  lease,  at  the  option 
of  the  lessor. — p.  270. 

Laws  of  1847. 

Chap.  267.  Sec.  1.  In  all  cases  of  neglect  or  refusal  to  pay 
the  rent  due,  according  to  the  terms  of  any  written  lease,  four- 
teen days'  notice  to  quit,  given  in  writing  by  the  landlord  to  the 


MASSACHUSKTTS    STATUTES.  76 

tenant,  shall  be  sufficient  to  determine  the  lease ;  provided, 
hoiveccr,  ihut  if  the  ien;iut  shall  pay  or  tender  to  the  landlord 
the  rent  due,  with  interest  and  costs,  at  any  time  before  final 
judgment,  under  the  proceedings  provided  for  in  the  second 
section  of  this  act,  the  lease  shall  be  and  continue  in  lull  foice  : 
and,  provided,  also,  that  nothing  herein  conrained  shall  alfect 
any  other  rights  or  remedies  on  the  part  of  the  lessor,  which 
may  be  provided  for  in  any  written  lease. 

Skc.  2.  Lessor,  or  his  assigns,  in  such  cases,  to  recover  pos- 
session in  the  manner  provided  for  as  in  cases  of  forcible  entry 
and  detainer. 

Laws  op  1848. 
Cirvp.  142.  Sec.  1.  Whenever,  in  any  case  of  forcible  entry 
and  detainer,  wilhm  the  meaning  of  the  one  hundred  and  lourlh 
chipler  ofihe  II.  S.,  judgment  shall  be  rendered  for  the  com- 
plainant fur  restitution  of  the  premises  demanded,  and  the  de- 
fendant sh:ill  appeal  therefrom,  or  shall  remove  the  case  to  the 
court  of  common  pleas,  as  provided  in  the  ninth  section  of  said 
chapii'r,  he  shall,  before  such  appeal  or  removal  shall  be  allowed, 
recognizH  to  the  plaintifT,  with  sufficient  surety  or  sureties,  not 
only  to  enit-r  the  action,  but  also  to  pay  all  rent  then  due,  and 
all  in  ervening  rent  and  costs  ;  and  also  to  pay  all  damages  and 
loss  which  the  plaintiff  may  sustain  by  reason  of  the  wiihholdinor 
of  the  possession  of  the  demanded  premises,  and  by  reason  of 
any  injuiy  <l(me  thereto  during  such  withholding,  together  with 
all  costs  until  the  restitution  of  the  possessi<m  thereol  to  the  com- 
plainant, in  case  the  judgment  from  which  the  appeal  is  made 
shall  be  .-ifiBrmed. 

>;<>TK.  Nn person xhaU  make  any  entiy  into  lands  or  lenrmen's,  ntrtpt  in 
tas'S  wherehis  riiirii  I'x  alioivect  by  law:  and  in  surh  caffs  he  xliall  not  ruler  irith 
foTci-,hii'  ill  II  p'licf libit  tnnnvfT  —  The  pinon  eniitUd  to  the  jiosses^on  nftlir  prem- 
ises  mny  tiiki-.  frvni  any  jii-tiee  of  the  peare,  n  writ  in  thejorm  VAerl  for  nn  origi- 
nal .tuiiiinnii.f  in  common  dvH  action!'  before  jvstiees  of  the  peace :  wliith  wit  shali 
be  strfid  SliVKN  days  at  lea*l  bifore  the  return  day.  Mas*  K.  S.  p.  02ii. 
•  «  Commimwealth  of  Maisnchnsetts. 

To  tlie  jslieriffof  the  said  C>niiiiy  <it"  M.  or  eiUier  of  hi*  Deputies,  or  the    Con 

•tables  ol'iho  lown  of  S.  wuhiji  the  said  Cuuiiiy,  or  lo  ajiy  or  eilh>T  of  ihein, 

Greeiiiip : 

AVe  oomrnnnd  you  to  summon  A.  R.,  of,  &c.  (i''he  may  he  found  in  your 
prpfiii(i)ii)«ppf,ir  hcfore  me,  S.  H.  K.«quire,oneof iheiU!>tic'>-«  of  ihe  in-a<-c  f.r 

the  coiiiily  MK.n  linid,  h' ,  in  S.  ••ii  tlie   dav  of—  :i1  ten  o'l-locK  in  the 

no-in  ;  tlien   nnil  theie  lo  an-wertothe  complauit  of  C.  D.  of  Ac,  lor  ihat 

the  f'lid  A    B.  on  ihe iliiy  of  llie  iltile  hereof,  is  in  possession  of,  At.  which 

pr»>mi-e-s  he  l-olds  unlawfutiy,  Biid  .-ipMiiiAl  Ihe  right  of  ihc  phiiniifl'.  ns  is  «iiid.  as 
Khali  then  and  there  appear.  And  inuJce  return  of  thid  writ,  oiid  your  doing« 
therein.     Dmed  the  «layof .  A.  D.  IS5    .  S.   B..  J.  of  the  P. 

RHODE    ISLAND. 
Sec.  1.     No  estate  of  inheritance  or  freehold,  or  for  a  term 
exceeding  one  year,  in  lands  or  tenements,  shall  be  conveyed 


76  RHODE  ISLAND   STATUTES. 

from  one  to  another  by  deed,  unless  the  same  be  in  writing, 
signed,  sealed,  and  delivered,  by  the  party  making  the  same, 
and  ackntiwlc'dged  before  a  senator,  judge,  justice  of  the  peace, 
public  notary,  or  town  clerk,  by  the  party  or  parties  w  ho  shall 
have  sealed  or  delivered  it,  and  recorded,  or  lodged  to  be  record- 
ed, in  the  office  of  the  town  clerk  of  the  town  where  the  said 
lands  or  tenements  do  lie. — p.  257. 

Sec.  2.  All  bargains,  sales  and  other  conveyances  whatso- 
ever, <if  any  lands,  tenements,  or  hereditaments,  whether  they 
be  made  for  passing  any  estate  of  freehold  or  inheritance,  or  for 
term  of  years,  exceeding  the  term  of  one  year,  and  all  deeds 
of  trust  and  morij»ages  whais(»ever,  which  thall  hereal'ier  be 
made  and  executed,  shall  be  void,  unless  they  shall  lie  aiknowl- 
edged  and  recorded  as  af<iresaid  ;  provided  alv\a)s,  that  the 
same  between  the  parties  and  their  heirs  shall  neverilielets  be 
valid  and  binding. — p.  257. 

Keeping  a  house  of  ill  fame  makes  void  the  lease  at  the 
option  uf  the  lessor. — p.  392. 

Sec.  I.  If  any  person  who  shall  be  seized  of  any  real  estate, 
for  the  term  of  liis  own  life,  or  fur  the  life  or  lives  ol  any  otlier 
person  or  persons,  or  as  a  "tenant  for  years,  shall  coiuniii  or  suf- 
fer any  vv;isie  on  such  estate,  he  shall  forfeit  his  estate  so  wasted, 
and  double  the  amoun'  of  the  waste  .so  done  or  suffered  ;  to  be  re- 
covered in  an  action  uf  waste  by  the  person  entitled  to  ihe  next 
estate  in  remainder,  or  reversion,  in  the  place  so  wasted. — p.  18G. 

Siic.  2.  When  complaint  shall  be  formally  made  in  writing, 
and  under  ouih  to  any  two  justices  (justice  of  the  f-u|)renie.  and 
justice  of  cnmnion  pleas,)  of  any  unlawful  and  Ion  ilile  entry 
into  and  detainer  ol  any  lands  or  tenements,  or  of  any  unlawful 
and  forcible  detainer  of  the  same  after  a  peaceable  cnuy.  they 
shall  make  out  their  warrant  under  their  hands  and  seals.  <lirect- 
ed  to  the  sheriff  of  the  county,  or  either  of  his  depnlit  s,  <  om- 
mandins;  him,  &.c.,to  empanel  twelve  good  and  lavvlul  men, 
to  inquire  into  tiic  forcii»l«  detainer  complained  of.  *  *  * 
And  summons  shall  be  served  upon  the  party  ciuiiplained  against, 
or  a  copy  thereof  left  at  his  usual  place  of  abodi',  .-ix  days  be- 
fore the  diy  appninted  for  trial.  *  »  *  *  If  ihe  jury  shall 
return  their  verdict,  signed  by  the  whole  panel,  that  the.  com- 
plaint i.s  snpported,  the  justices  shall  enter  up  juili'mcnt  for 
complainant  to  l.ave  resiitution  of  the  premises,  wiili  costs. 
If  the  verdict  shall  be,  that  the  complaint  is  not  suiporled.  the 
defendant  shall  recover  his  costs,  and  no  appeal  shall  be  allow- 
ed, provided  thai  such  complaint  be  made  within  three  years  af- 
ter such  entry  or  detainer  he  committed. — p.  200-204. 

Each  juror  lo  he  entitled  to  one  dollar  per  day,  and  four  cents 
per  mile  troing,  and  four  cents  per  mile  retiirning,  from  court, 
to  he  paid  in  the  first  instance  by  the  plaintiff,  before  the  verdict 
shall  be  received,  and  tu  be  taxed  io  the  bill  of  costs  if  he  re- 
cover.— p.  204. 


CONNECTICUT  STATDTES.  77 

CONNECTICUT. 

Title  57.  Sec.  10.  No  lease  of  any  house  or  lands  for  life, 
or  any  term  of  years  exceeding  one  year,  shall  be  accounted 
good  and  efiectual  in  law,  to  hold  such  houses  and  lands  against 
any  other  person  or  persons  whatever,  but  the  lessor  or  lessors, 
and  their  heirs  only,  unless  such  lease  be  in  writing,  and  sub- 
scribed by  the  lessor  and  attested  by  two  subscribing  witnesses, 
and  acknowledged  before  a  justice  of  the  peace,  and  recorded 
at  length  in  the  records  of  the  town  where  such  estate  lies. 

Title  58.  Chap.  6.  Sec.  1.  Whenever  the  owner  or  lessor 
of  any  land,  dwelling-house,  or  other  building  held  under  a 
lease,  written  or  verbal,  shall  desire  to  obtain  possession  of  the 
same  at  the  expiration  of  the  lease,  or  at  any  subsequent  time 
he  shall  give  notice  to  the  lessee  to  quit  possession  of  said  land, 
house,  or  building,  or  any  apartment  of  the  same,  at  least  thirty 
days  before  the  expiration  of  the  lease,  or  before  the  time  when 
said  lessee  shall  be  required  to  quit  possession  ;  which  notice 
shall  be  in  writing,  in  the  form  following,  to  wit:  "I  here- 
by give  you  notice  that  you  are  to  quit  possession  of  the  land, 
[house,  apartment,  store,  &c.,  as  the  case  may  be]  now  occu- 
pied by  you,  on  or  before  the  [here  insert  the  day,  place,  dale 
and  name.]"  Of  which  notice,  duplicate  copies  shall  be  made, 
one  of  which  shall  be  delivered  to  the  lessee,  or  left  at  hia 
place  of  residence,  in  the  presence  of  at  least  one  credible  wit- 
ness. And  if,  at  the  expiration  of  the  thirty  days,  the  lessee 
shall  neglect  or  refuse  to  quit  his  possession  of  the  premises, 
any  justice  of  the  peace  in  the  town  in  which  the  said  leased 
premises  shall  be  situated,  shall  have  power,  on  complaint  of  the 
lessor,  or  owner,  to  issue  a  summons  to  the  lessee,  which  shall 
be  served  at  least  six  days  before  the  time  of  trial,  to  appear 
before  him  to  answer  to  such  complaint :  and  also,  to  summon  a 
jury  of  six  disinterested  freeliolders  of  the  town,  to  inquire 
whether  the  possessor  is  the  lessee  of  the  complainant,  and  holds 
over  the  term  of  the  lease,  and  whether  notice  has  been  given 
to  the  lessee  according  to  the  provisions  of  this  act,  and  said 
lessee  holds  possession  after  the  expiration  of  the  time  therein 
specified.  And  in  case  the  jury  find  these  facts  in  favor  of  the 
complainant,  the  said  justice  of  the  peace  shall  render  judg- 
ment for  the  complainant  to  recover  possession  of  the  said  leased 
premises  with  his  costs,  and  issue  execution  accordingly.  But 
if  the  defendant  shall  show  to  the  jury  a  title  in  himself,  de- 
rived after  the  date  of  the  lease  from  the  lessor,  or  from  any 
other  person  or  persons,  or  if  the  jury  should  not  find  a  lease,' 
a  notice  given  and  a  holding  over  as  aforesaid,  the  defendants 
shall  recover  his  costs.* 

•  III  case  of  forcible  entry  or  detainer,  the  pany  ejected,  or  held  out  of  po«> 
Bcssion,  may  make  coin|>laint  to  either  of  the  judges  of  the  county  court,  or  to 
the  justice  of  the  peace  in  the  county  where  such  houxes,  Jands  or  tencmer.U 
are  situated,  and  such  judge  or  jusuce  shall  issue  a  vummous  to  the  party  con- 

L  k  T  7 


78  NEW   YORK   STATUTES. 

Sec.  2.  When  any  magistrate  aforesaid,  shall  issue  a  sunrw 
mons  for  the  purpose  aforesaid,  he  shall  take  of  the  complain- 
ant a  bond,  with  sufficient  surety  to  the  adverse  party,  to  answer 
all  costs  and  damages  which  the  defendant  may  sustain  in  caso 
the  complainant  shall  fail  to  make  his  plea  good. 

NEW    YORK. 
;  Any  landlord  may  recover  a  reasonable  satisfaction  for  the  use 
and  occupation  of  any  lands  and  tenements  by  any  person  under 
any  agreement  not  made  by  deed. — 2  p.  32. 

Every  grant  in  fee,  or  of  a  freehold  estate,  shall  be  subscrib- 
ed and  sealed  by  the  person  from  whom  the  estate  or  interest 
is  intended  to  pass,&c.,  and  if  not  duly  acknowledged,  previous 
to  its  delivery,  its  execution  and  delivery  shall  be  attested  by  at 
least  one  witness  or,  if  not  so  attested,  it  shall  not  take  effect 
as  against  a  purchaser  or  incumbrance,  until  so  acknowledged, 
2  p.  22. 

Agreements  for  the  occupation  of  lands  or  tenements,  in  the 
city  of  New  York,  which  shall  not  particularly  specify  the  du- 
ration of  such  occupation,  shall  be  deemed  valid  until  the  first 
day  of  May  next  after  the  possession  under  such  agreement 
shall  commence ;  and  the  rent  under  such  agreement  shall  be 
payable  at  the  usual  quarter  days  for  the  payment  of  rent  in  the 
said  city,  unless  otherwise  expressed  in  the  agreement. — 2  p.  29. 

Every  contract  for  the  leasing  for  a  longer  period  than  one 
year,  or  for  the  sale  of  any  lands,  or  any  interest  in  lands,  sliall 
be  void  unless  the  contract,  or  some  note,  or  memorandum 
thereof  expressing  the  consideration,  be  in  writing,  and  be  sub- 
scribed by  the  party  by  whom  the  lease  or  sale  is  to  be  made  or 
by  some  agent  lawfully  authorized. — 2  p.  194. 

Leases,  for  less  than  one  year  [or  an  assignment  or  surrender 
of  a  term  of  one  year  or  less,]  need  not  be  in  writing. 

A  lease  for  three  years  or  longer,  must  be  recorded  in  the 
county  where  the  premises  are  situated,  except  in  the  counties 
of  Delaware,  Schenectady,  Albany,  Ulster,  Sullivan,  Herki- 
mer, Dutchess  and  Columbia. — 2  p.  47. 

No  covenant  shall  be  implied  in  any  conveyance  of  real  es- 
tate, whether  such  oonveyance  contain  special  covenants  or  not. 
—2  p.  22. 

plained  ot,  and  if  he  do  not  appear,  shall  proceed  in  the  same  manner  as  if  he 
were  present. 

Said  judge,  or  jostice,  shall  then  make  out  a  warrant  under  his  hand,  to  the 
sheriff  of  the  county,  or  his  deputy,  or  either  of  the  constables  of  the  town 
where  the  injury  complained  ofwas  done,  commanding  him  to  snmraon  a  jury 
of  six  men  to  try  the  case.  No  appeal  is  allowed  from  the  judgment  of  such 
judge  or  justice.  No  action  for  forcible  entry  or  detainer  can  be  brought,  un- 
less within  six  months  afier  making  the  entry. 

The  party  aggrieved  may  recover  treble  damages  and  costs  of  suit,  by  ac- 
tion of  trespass  against  the  dcfendiiut,  or  defendants,  if  it  be  found  by  verdict 
of  the  jury,  or  otherwise  in  due  form  of  law,  that  he,  or  they,  entered  into 
bouses,  laiidH,  or  tenements,  by  force,  or  after  entry,  held  the  same  by  force.— 
IR.  142;  6C.  K  ao 


NEW  YORK  STATUTES.  79 

If  any  lease  be  surrendered  in  order  to  be  renewed,  and  a  new 
lease  be  made  by  the  chief  landlord,  such  new  lease  shall  bt 
good  and  valid  to  all  intents  and  purposes,  without  a  surrender 
of  all  or  any  of  the  under  leases  derived  out  of  such  original 
lease  so  surrendered  ;  and  the  chief  landlord,  his  lessee,  and 
holders  of  under  leases,  shall  enjoy  all  their  rights  and  interests 
in  the  same  manner  and  to  the  same  extent  as  if  the  original 
lease  had  been  still  continued,  &c. — 2  p.  29. 

Wherever  there  is  a  tenancy  at  will,  or  by  sufferance,  created 
by  the  tenant's  holding  over  his  term,  or  otherwise,  the  same 
may  be  terminated  by  the  landlord's  giving  one  month's  notice 
in  writing  to  the  tenant,  requiring  him  to  remove  therefrom. — 
2  p.  30. 

Such  notice  shall  be  served  by  delivering  the  same  to  such 
tenant,  or  to  some  person  of  proper  age  residing  on  the  premi- 
ses ;  or,  if  the  tenant  cannot  be  found,  and  there  be  no  such 
person 'residing  on  the  premises,  such  notice  may  be  served  by 
affixing  the  same  on  a  conspicuous  part  of  the  premises. — ib. 

At  the  expiration  of  one  month  from  the  service,  the  land- 
lord may  re-enter  or  maintain  ejectment,  or  proceed  by  law  to 
remove  such  tenant,  without  any  further  or  other  notice  to 
quit. — ib. 

If  a  tenant  shall  give  notice  of  his  intention  to  quit  the  prem- 
ises, and  shall  not  deliver  up  the  possession  thereof  at  the  time 
in  such  notice  specified,  he  shall  from  thenceforward  pay  double 
the  rent  which  he  should  otherwise  have  paid,  and  for  so  long  a 
time  as  he  shall  continue  in  possession. — ib. 

If  any  tenant  for  life  or  years  shall  wilfully  hold  over  any 
lands  or  tenements  after  the  termination  of  such  term,  and  after 
demand  made  and  one  month's  notice  in  writing,  given  in  the 
manner  hereinbefore  prescribed,  requiring  the  possession  there- 
of by  the  person  entitled  thereto,  such  person  so  holding  over 
shall  pay  double  the  yearly  value  of  the  lands  or  tenements  bo 
detained,  for  so  long  a  time  as  he  shall  hold  over  ;  and  shall 
also  pay  all  special  damages  whatever. — ib. 

Any  tenant  or  lessee,  who  shall  remove  his  goods,  either  be- 
fore or  after  any  rent  shall-become  due,  for  the  purpose  of  avoid- 
ing payment,  and  every  person  who  shall  knowingly  assist  such 
tenant  in  such  removal,  oT  in  concealing  the  goods  so  removed, 
shall  forfeit  to  the  landlord  double  their  value. — 2  p.  31. 

Any  person  having  any  rent  due  upon  a  lease  for  life,  or  lives, 
may  have  the  same  remedy  to  recover  such  arrears,  by  action  of 
debt,  as  if  such  lease  were  for  years. — 2  p.  32. 

When  a  tenant  for  life,  who  shall  have  demised  any  lands, 
shall  die  on  or  after  the  day  when  any  rent  became  due  and  pay- 
able, his  executors,  or  administrators  may  recover  from  the 
under  tenant  the  whole  rent  due  ;  if  he  die  before  the  day,  &c., 
they  may  recover  the  proportion  which  accrued  before  his 
death. — tb. 


80  1»EW  YOKE  STATUTES. 

When  any  certain  services,  or  certain  rent  reserved  out  ol 
any  lands  or  tenements,  shall  not  be  paid  or  rendered  when 
due,  the  persons  entitled  thereto  may  distram  for  the  same. — 
2  p.  31. 

Every  tenant  upon  whom  a  declaration  in  ejectment,  or  any 
other  process,  proceeding,  or  notice  of  any  proceeding,  to  recover 
the  land  occupied  by  him,  or  the  possession  thereof,  shall  be 
served,  shall  forthwith  give  notice  thereof  to  his  landlord,  under 
the  penalty  of  forfeiting  three  years'  rent  of  the  premises,  &c. 
—2  p.  32. 

Whenever  any  half  year's  rent,  or  more,  shall  be  in  arrear 
from  any  tenant  to  a  landlord,  if  the  landlord  has  a  subsisting 
right  by  law  to  re-enter  for  the  non-payment  of  such  rent,  he 
may  bring  an  action  of  ejectment  for  the  recovery  of  the  posses- 
sion of  the  premises  ;  and  the  service  of  the  declaration  therein 
shall  be  deemed,  and  stand  instead  of  a  demand  of  rent  in  arrear, 
and  of  a  re-entry  on  the  demised  premises. — 2  p.  597. 

If  upon  the  trial  of  the  cause,  it  shall  be  proved,  or  upor 

i'udgment  by  default,  against  the  defendant,  that  the  landlord 
lad  a  right  to  commence  such  action,  he  shall  recover  possession 
of  the  premises  and  his  costs. — ib. 

If  before  judgment,  the  tenant  make  a  tender  to  the  landlord, 
or  bring  into  the  court  where  the  suit  shall  be  pending,  all  the 
rent  in  arrear,  at  the  time  of  such  payment,  and  all  costs  and 
charges  incurred  by  the  lessor,  all  further  proceedings  in  ibe 
said  cause  shall  cease. — ib. 

At  any  time  within  six  months  after  the  landlord  has  taken 
possession  of  the  premises,  under  any  execution  issued  upon  a 

i'udgment  obtained  by  him,  in  any  such  action  of  ejectment,  the 
essee,  his  assigns  or  personal  representatives,  may  pay  or  ten- 
der to  the  lessor,  &c.,  or  into  the  court  where  the  suit  shall  be 
pending,  all  the  rent  in  arrear,  and  all  costs  and  charges  incur- 
red by  the  lessor ;  all  further  proceedings  in  the  cause  shall 
cease,  and  such  premises  shall  be  restored  to  the  tenant,  to  en- 
joy according  to  the  terms  of  the  original  lease. — ib. 

If  the  rent  and  costs  remain  unpaid  for  six  months  after  exe- 
cution issued  upon  any  judgment  in  ejectment  shall  have  been 
executed,  the  lessee,  &c.,  shall  be  barred  from  all  reliefer  rem- 
edy in  law  or  equity,  and  the  landlord  shall  hold  the  premises, 
—ib. 

The  lessee  may,  within  six  months  after  execution  is  execu- 
ted, file  his  bill  for  relief  in  a  court  of  equity,  and  if  relieved 
by  court  shall  again  hold  and  enjoy  the  premises. — zb. 

If  tite  lessor  shall  have  entered  into  the  actual  possession  of 
the  demised  pr^mis^s,  the  comt  may  direct  that  so  much,  and 
no  more,  as  he  shall  really  have  made  of  the  said  premises  dur^ 
ing  the  possession  thereof,  or  as  he  might,  without  wilful  ne-f 
gleet,  have  made  of  them,  be  deducted  from  the  amount  of  the 
rent  it)  ^rres^r  to  such  lessor,  and  the  costs  of  such  ejectment ; 


NEW  YORK   STATUTES.  81 

and  the  complainant  shall  be  required  to  pay  the  balance,  be> 
fore  he  shall  be  restored  to  the  possession  of  the  said  premi- 
ses. — ib. 

No  entry  shall  be  made  into  any  lands  or  other  possessions, 
but  in  cases  where  entry  is  given  by  law  ;  and  in  such  case  only 
in  a  peaceable  manner,  not  with  strong  hand,  nor  with  multitude 
of  people. — 2  p.  599. 

Where  any  such  forcible  entry  is  made,  or  peaceable  entry, 
and  the  possession  held  by  force,  the  person  so  forcibly  put  out, 
may  be  restored  by  making  complaint  in  writing,  with  the  affi- 
davit, to  the  judge  of  the  county  courts  of  the  same  county. 
—tb. 

If  any  person  be  ejected  or  put  out  of  any  lands  or  tenement, 
in  a  forcible  manner,  or  being  put  out,  be  afterwards  hoiden 
and  kept  out  by  force,  or  with  strong  hand,  he  shall  be  enti- 
tled to  maintain  an  action  of  trespass  and  shall  recover  therein 
treble  damages. — 2  p.  432. 

If  any  tenant,  being  in  arrear  for  rent,  shall  desert  the  de- 
mised premises,  and  leave  the  same  without  sufficient  goods 
thereon  to  satisfy  the  arrears  of  rent,  any  justice  of  the  peace, 
&c.  may,  at  the  request  of  the  landlord,  and  upon  proof,  &c., 
go  upon  and  view  said  premises,  and  upon  being  satisfied  that 
the  premises  have  been  so  deserted,  affix  a  notice  in  writing' 
upon  a  conspicuous  part  of  the  premises,  requiring  the  tenant 
to  appear  and  pay  the  rent  due,  at  some  time  in  said  notice  spe- 
cified, not  less  than  five  nor  more  than  twenty  days  after  the- 
date  thereof.— 2.  p.  603. 

If  at  or  within  that  time  the  tsnact  appear  and  deny  that  any 
rent  is  due,  the  proceedings  shall  cease.  But  if  the  tenant,  or 
some  one  for  him,  shall  not  appear  and  pay  the  rent  in  arrear, 
and  there  shall  not  be  sufficient  distress  on  the  premises,  then 
such  justice  may  put  the  landlord  into  possession,  and  the  lease 
shall  thenceforth  become  void.  An  appeal  from  the  proceed- 
ings may  be  made  by  the  tenant,  within  three  months  after  pos- 
session is  delivered. — ib. 

Any  tenant  may  be  removed  from  any  premises  by  any  judge 
of  the  County  Courts  of  the  county,  or  by  any  mayor  or  record- 
er of  the  city  where  such  premises  are  situated  ;  or  if  in  the 
city  of  New  York  by  the  mayor,  recorder,  any  one  of  the  alder-  . 
men,  special  justice,  justice  of  the  Marine  Court,  or  any  one  of  ] 
the  assistant  justices  of  the  said  city,  in  the  manner  hereafter  j 
prescribed,  in  the  following  cases :  | 

1.  "  Where  such  tenant  shall  hold  over  and  continue  in  pos- 
session of  the  demised  premises,  or  any  part  thereof,  after  the  ' 
expiration  of  his  term,  without  the  permission  of  the  landlord. 

2.  "  Where  he  holds  over  without  permission,  after  default 
in  the  payment  of  rent,  &c.  and  a  demand  has  been  made  of 
the  rent,  and  three  days'  notice  in  writing,  requiring  the  pay- 
ment of  such  rent,  or  the  possession  of  the  premises  shall  have 

L  fc  T  7* 


8»J  NEW   YORK    STATUTES. 

been  served  by  the  person  entitled  to  such  rent,  on  the  person 
owing  the  same,  in  the  manner  prescribed  for  the  service  of  the 
summons  :  which  summons  shall  be  served,  either  by  delivering 
to  the  tenant  to  whom  it  shall  be  directed,  a  true  copy  thereof, 
and  at  the  same  time  showing  the  original :  or,  if  such  tenant 
be  absent  from  his  last  or  usual  place  of  residence,  by  leaving  a 
copy  thereof  at  such  place,  with  some  person  of  mature  age, 
residing  on  the  premises. 

3.  '*  Where  the  tenant  or  lessee  of  a  term  of  three  years  or  less, 
has  taken  the  benefit  of  any  insolvent  act,  or  been  discharged 
under  any  act  for  the  relief  of  his  person  from  imprisonment. 

4.  "  Where  he  holds  over,  and  continues  in  possession  of  any 
real  estate  which  has  been  sold  under  an  execution  against  him, 
after  a  title  to  such  sale  has  been  perfected.  —  [But  no  tenant 
under  the  second  above  subdivision  can  be  so  removed,  where 
the  unexpired  term  of  his  lease  exceeds  five  years ;  in  such 
case  the  landlord's  remedy  is  by  ejectment.]  —  Any  landlord 
may  make  oath  in  writing  of  the  foregoing  facts,  describing  the 
premises,  and  present  it  to  one  of  the  officers  above  named, 
whose  duty  it  is  thereupon,  to  issue  his  summons." — 2  p.  604. 

The  lessee  of  any  lands  shall  have  the  same  remedy  by  ac- 
tion or  otherwise,  against  the  lessor,  for  the  breach  of  any  cov- 
enant or  agreement  in  such  lease,  as  such  lessee  might  have 
had  against  the  lessor,  except  covenants  against  incumbrances, 
or  relating  to  the  title  or  possession  of  the  premises  demised. — 
2  p.  32. 

When  double  or  treble  costs  shall  be  awarded  to  any  defend- 
nnt,  the  same  shall  be  deemed  to  belong  to  such  defendant ;  and 
the  counsellors,  attorneys,  and  other  officers,  witnesses  and  ju- 
rors in  such  action,  shall  be  entitled  to  receive  only  the  single 
costs  allowed  by  law  for  their  services. — 2  p.  708. 

Keeping  a  house  of  ill-fame  vacates  the  house  at  the  option 
of  the  landlord. 

Laws  op  1846  and  1847. 

Chap.  159.  Sec.  1.  No  bill  of  exceptions  hereafter  to  be 
taken  on  the  part  of  the  defendant,  in  any  action  of  ejectment 
shall  stay  the  proceedings  therein  for  more  than  thirty  days  after 
the  settlement  of  such  bill,  unless  the  party  taking  the  same, 
shall,  within  that  time,  procure  the  judge  who  presided  at  the 
trial  of  the  cause,  or  a  justice  of  the  supreme  court,  to  certify 
on  such  bill,  that  he  has  read  and  examined  the  same,  and  that 
there  is  probable  cause  for  staying  the  proceedings  in  the  suit 
in  which  such  bill  of  exceptions  was  taken,  and  serve  a  copy  of 
such  certificate  on  the  attorney  of  the  opposite  party. 

Chap.  274.  Sec.  1.  Distress  for  rent  is  hereby  abolished. 

Sec.  2.  The  twelfth,  thirteenth,  fourteenth,  fifteenth,  six- 
teenth and  seventeenth  sections  of  the  fourth  title  of  the  first 
chapter  of  the  second  part  of  the  Revised  Statutes  are  hereby 
zepealed. 


NEW   JERSEY   STATUTES.  08 

Sec.  3.  Whenever  the  right  of  re-entry  is  reserved  and  given 
to  a  grantor  or  lessor,  in  any  grant  or  lease,  in  default  of  a  suffi- 
ciency of  goods  and  chattels  whereon  to  distrain  for  the  satis- 
faction of  any  rent  due,  such  re-entry  may  be  made  at  any  time 
after  default  in  the  payment  of  such  rent,  provided  fifteen  days' 
previous  notice  of  such  intention  to  re-enter,  in  writing,  be  given 
by  such  grantor  or  lessor,  or  his  heirs  or  assigns,  to  the  grantee 
or  lessee,  his  heirs,  executors,  administrators  or  assigns,  not- 
withstanding there  may  be  a  sufficiency  of  goods  and  chattels 
on  the  lands  granted  or  demised  for  the  satisfaction  thereof. 
The  said  notice  may  be  served  personally  on  such  grantee  or 
lessee,  or  by  leaving  it  at  his  dwelling-house  on  the  premises. 

NEW    JERvSEY. 

The  Revised  Statutes  of  New  Jersey  provide  that  any  per- 
son, or  persons  having  rent  in  arrear,  or  due  upon  a  lease  for 
life  or  lives,  may  bring  an  action  or  actions  for  debt  lor  such  ar- 
rears of  rent  in  the  same  manner  as  they  might  have  done  in 
case  such  rent  was  reserved  and  due  upon  a  lease  for  years. — 
p.  85. 

That  w^here  any  tenant  for  life  shall  happen  to  die  before,  or 
on  the  day  on  which  any  rent  was  made  payable,  on  any  lease 
of  lands  or  tenements,  the  executors,  or  administrators  of  such 
tenant  shall  recover  of  the  under-tenant,  or  tenants,  the  whole, 
or  such  proportion  of  the  rent  as  was  due  on  the  decease  of  the 
tenant. — ib. 

Where  the  agreement  is  not  by  deed,  the  landlord,  his  heirs,  _ 
or  assigns  may,  nevertheless,  recover  a  reasonable  satisfaction 
for  the  lands  or  tenements  occupied. — ib. 

Landlord  has  a  lien  for  rent  on  the  goods  and  chattels  on  the  : 
Dremises ;  provided  said  arrears  of  rent  do  not  amount  to  more 
than  one  year's  rent.     In  case  they  do,  then  by  paying  landlord 
one  year's  rent  the  party  may  proceed  to  execute  his  process, 
as  though  the  act  had  not  been  passed. 

Tenant  liable  for  holding  premises  after  expiration  of  lease, 
and  demand  of  possession  made,  to  pay  landlord  double  rent." 

In  case  half  a  year's  rent  is  in  arrear,  the  landlord  has  power 
to  enter  and  eject  the  tenant ;  and  in  case  said  lessee  suffer 
judgment  on  said  ejectment,  he  shall  be  forever  barred  and  fore- 
closed from  all  relief  in  law  or  equity  ;  but  the  mortgagee  of 
such  lease,  who  shall  not  be  in  possession,  may,  within  six  cal- 
endar months  after  such  judgment,  redeem  such  lease. 

In  case  premises  are  deserted  without  payment  of  rent,  two 
justices  of  the  peace  may  put  landlord  in  possession  in  the  space 
of  fourteen  days,  and  declare  the  lease  void.  Proceedings  of 
said  justices  to  be  examinable  in  a  summary  way  by  the  justices 
of  the  Supreme  Court. 

Title  4,  Chap.  7,  Sec.  17.  In  all  cases  where  any  tenant  is, 
or  saay  be  entitled  by  law^  to  notice  to  quit  the  premises,  by  him 


QUti  NEW   JERSEY  STATUTES. 

holdea,  in  order  to  determine  his  tenancy,  three  months'  notice 
to  quit,  as  aforesaid,  shall  be  deemed  and  taken  to  be  sufficient. " 

Title  17,  Chap.  1,  Sec.  10.  No  leases,  estates,  or  inter- 
ests, or  terra,  or  terms  of  year  or  years,  or  any  uncertain  in- 
terest, of,  in,  to,  or  out  of  any  messuages,  lands,  tenements,  or 
hereditaments,  shall,  at  any  time,  hereafter,  be  assigned,  grant- 
ed, or  surrendered,  unless  it  be  by  deed  or  note  in  writing, 
signed  by  the  party  so  assigning,  granting,  or  surrendering  the 
same,  or  his,  her,  or  their  agent,  or  agents,  thereunto  lawfully 
authorized  by  writing,  or  by  act  and  operation  of  law. 

According  to  the  Revised  Statutes  of  New  Jersey,  the  gran- 
tees of  lands,  or  of  reversions,  enjoy  the  same  benefits  as  the 
original  lessors. 

The  lessees  of  lands  also  have  the  same  advantages  against 
the  grantees  of  reversions  as  against  the  original  lessors. 

In  case  of  an  action  of  ejectment  brought  against  the  tenant 
by  the  landlord,  for  non-payment  of  rent,  if  the  tenant  or  ten- 
ants, his,  her  or  their  assignee  or  assignees,  do  or  shall,  at  any 
time  before  the  trial  in  such  ejectment,  pay,  or  tender  to  the 
lessor  or  landlord,  his  or  her  executors  or  administrators,  or  his, 
her,  or  their  attorney,  in  that  cause,  or  pay  into  the  court  where 
the  same  cause  is  or  shall  be  depending,  all  the  rent  and  arrears, 
together  with  the  costs,  then,  and  in  such  case,  all  further  pro- 
ceedings on  the  said  ejectment  shall  cease,  and  be  discontinued. 

Forcible  entries  and  detainers  are  cognizable  by  justices  of 
the  peace,  and  triable  by  a  jury.  Summons  to  be  served  six 
days  before  day  of  appearance  therein  mentioned, — judgment, 
restitution,  and  treble  costs,  if  jury  find  party  guilty. 

If  jury  find  against  the  said  complainant,  the  said  justice  shall 
give  judgment  accordingly,  with  costs,  and  issue  execution 
against  the  goods  and  chattels,  and  in  want  thereof,  against  the 
body  of  the  said  complainant. 

Laws  op  New  Jersey — 1847. 

Any  tenant  or  lessee  at  will,  or  at  suflTerance,  or  for  pan  of  a 
year,  or  for  one  or  more  years,  of  any  houses,  lands  or  tene- 
ments, and  the  assignees,  under-tenants,  or  legal  representatives 
of  such  tenant  or  lessee,  may  be  removed  from  such  premises 
by  any  justice  of  the  peace  of  the  county  where  such  premises 
are  situated,  in  the  manner  hereinafter  prescribed  in  the  follow- 
ing cases :  — 

1.  Where  such  persons  shall  hold  over  and  continue  in  pos- 
session of  the  demised  premises,  or  any  part  thereof,  after  the 
expiration  of  his  or  her  term,  and  after  demand  made,  and  no- 
tice in  writing  given,  for  delivering  the  possession  thereof,  by 
the  landlord  or  his  agent  for  that  purpose. 

2.  Where  such  persons  shall  hold  over  after  any  default  in 
the  payment  of  the  rent,  pursuant  to  the  agreement  under  which 
such  premises  are  held,  and  satisfaction  for  such  rent  cannot  be 


PENNSYLVANIA  STATUTES.  85 

obtained  by  distress  of  any  goods,  and  a  demand  of  such  rent 
shall  have  been  made  by  three  days'  notice  in  writing,  requiring 
the  payment  of  such  rent,  or  the  possession  of  the  premises, 
shall  have  been  served  by  the  person  entitled  to  such  rent,  upon 
the  person  owing  the  same. 

Any  landlord  or  lessor,  his  legal  representatives,  agents  or 
assigns,  may  make  oath  in  writing  of  the  facts  which,  according 
to  the  preceding  section,  authorize  the  removal  of  a  tenant, 
describing  therein  the  premises  claimed,  and  may  present  the 
same  to  any  justice  of  the  peace  of  the  county  where  the  prem- 
ises arc  situated. 

3.  On  receiving  and  filing  such  affidavit,  such  justice  shall 
issue  a  summons,  describing  the  premises  of  which  possession 
is  claimed,  and  requiring  any  person  in  possession  of  said  prem- 
ises, or  claiming  the  possession  thereof,  forthwith  to  remove 
from  the  same,  or  to  show  cause  before  the  said  justice,  at  a  cer- 
tain place  and  time  thereinto  be  specified,  not  less  than  five,  nor 
more  than  fifteen  days,  from  the  date  of  such  summons,  why 
possession  of  such  premises  should  not  be  delivered  to  such 
claimant. 

4.  Previous  to  issuing  such  summons  in  a  case  of  tenancy  at 
will,  or  at  sufferance,  or  from  year  to  year,  the  justice  shall  be 
satisfied  by  due  proof,  that  such  tenancy  has  been  terminated 
by  giving  notice  in  the  manner  prescribed  by  law. 

&.  The  summons  shall  be  served  in  the  manner  prescribed  by 
the  act  constituting  courts  for  the  trial  of  small  causei ;  the 
suit  may  be  adjourned,  and  either  party  may  demand  and  have 
a  trial  by  jury  of  six  men,  according  to  the  provisions  of  said 
act. 

6.  If,  at  the  time  appointed  in  the  said  summons,  or  at  the 
time  to  which  said  suit  may  be  adjourned,  no  sufficient  cause  be 
shown  to  the  contrary,  and  it  shall  appear  to  the  said  justice,  or 
jury,  that  the  summons  has  been  duly  served,  the  said  justice 
shall  issue  his  warrant  to  any  constable  of  the  county,  or  mar- 
shal of  the  city  or  town,  in  which  the  premises  are  situated, 
commanding  him  to  remove  all  persons  from  the  said  premises, 
and  to  put  the  said  claimant  into  the  full  possession  thereof,  and 
to  levy  and  make  the  costs  out  of  the  goods  and  chattels  of  such 
person  or  persons  in  possession. 

7.  The  proceeding  had  by  virtue  of  this  act,  shall  not  be  ap- 
pealed from,  or  removed  by  certiorari;  but  the  landlord  shall 
remain  liable  in  an  action  of  trespass  for  any  unlawful  proceed- 
ings under  this  act. 

PENNSYLVANIA. 

No  leases  for  a  greater  length  of  time  than  three  years  are 
valid,  unless  in  writing,  &c. 

If  lessee  holds  over  beyond  the  termination  of  his  lease,  the 
lessor  may  complain  thereof,  to  any  two  justices  of  the  cilyy 


86 


PENNSYLVANIA   STATUTES. 


town,  or  county,  where  the  demised  premises  ar^  situated,  and 
the  lessee  will  be  summoned  to  show  cause  why  the  leased 
premises  should  not  be  given  up  to  the  lessor.* 

Any  person,  or  persons  having  rent  in  arrear  or  due  upon 
any  lease  for  life,  or  lives,  or  for  one  or  more  years,  or  at  will, 
may  distrain  for  the  same  after  the  determination  of  the  said 
respective  leases,  provided,  that  such  distress  be  made  during 
the  continuance  of  such  lessor's  title,  or  interest. — General 
Laws,  page  74. 

If  any  lessee  for  term  of  years,  in  the  city  and  county  of 
Philadelphia,  shall  remove  from  any  demised  premises  without 
leaving  sufficient  property  to  secure  the  payment  of  at  least 
three  months'  rent,  or  shall  refuse  to  give  security  for  the  pay- 
ment thereof,  in  five  days  after  demand  of  the  same,  and  shall 
refuse  to  deliver  possession  of  such  premises,  the  landlord  or 
lessor  may  apply  to  any  two  aldermen,  or  justices  of  the  peace 
within  the  city  or  county  of  Philadelphia,  and  make  affidavit  or 
affirmation  of  the  fact,  and  thereupon  the  said  aldermen  or  jus- 
tices of  the  peace  shall  forthwith  issue  their  precepts  to  any 
constable  in  the  city  or  county,  commanding  him  to  summon 
such  lessee  to  answer  to  such  complaint  on  a  day  certain  not 
exceeding  eight  nor  less  than  five  days  ;  and  if  it  shall  appear 
that  such  lessee  has  removed  from  the  premises  without  leaving 
sufficient  goods  and  chattels  to  pay  the  rent,  or  given  security 
for  such  payment,  or  has  refused  to  deliver  up  possession  of  the 
demised  premises,  they  shall  enter  judgment  against  such  les- 
see, and  the  premises  shall  be  delivered  up  to  the  lessor  forth- 
with. Provided,  always,  that  at  any  time  before  such  writ  of 
possession  is  actually  executed,  the  lessee  may  render  the  said 
writ  of  non-effect  by  paying  to  the  said  constable  for  the  use  of 
the  said  lessor,  the  rent  actually  due  and  in  arrear,  and  the  costs 
of  the  proceeding,  of  all  of  which  doings  the  said  constable  shall 
make  return  to  the  said  aldermen  or  justices,  within  ten  days 
after  receiving  of  the  said  writ.  And  provided,  further,  that  no 
writ  of  possession  shall  be  issued  by  the  said  aldermen ,  or  jus 
tices  for  five  days  after  the  rendition  of  judgment,  and  if  within 
the  said  five  days  the  tenant  shall  recognize  for  the  rent  and  the 
costs  that  have  and  may  accrue,  up  to  the  time  of  the  final  judg- 
ment, then  the  tenant  shall  be  entitled  to  an  appeal  to  the  next 
court  of  common  pleas.  And  provided,  further,  that  nothing 
herein  contained  shall  prevent  the  issue  of  a  certiorari  with  the 
usual  form  and  effect. —  General  Laws,  page  381. 

The  goods  and  chattels  being  in  or  upon  any  messuage  lands 
or  tenements,  which  are  or  shall  be  demised  for  life  or  years,  or 

*  The  affidavit  of  the  landlord  i«  sufficient  to  found  the  proceedings  on. — 4, 
W.  »  S.  lao,  act  3.  S.  t(  R.  102. 

There  must  be  sufficient  time  allowed  to  procure  Tvitnesses,  or  the  proceed- 
ings will  be  quashed. — 1  Yeates,  49.    ■ 

That  the  term  is  fully  ended  must  appear  in  the  proceedings,  or  they  are  de« 
fecUve.-^  5.  ([  R.  480. 


MARYLAND   STATUTES.  87 

Otherwise  taken  by  virtue  of  an  execution  and  liable  to  the  dis- 
tress of  the  landlord,  shall  be  liable  for  the  payment  of  any  sums 
of  money  due  for  rent  at  the  time  of  taking  such  goods  in  execu- 
tion. Provided,  thai  such  rent  shall  not  exceed  one  year's  rent.* 
Officers  selling,  shall  first  pay  rent  and  afterwards  apply  sur- 
plus to  the  execution,  deducting  so  much  for  costs  as  he  would 
be  liable  to  pay  in  case  of  a  sale  under  distress.  —  General 
Laws,  page  734 . 

MARYLAND. 

All  removals  of  personal  property  owned  by  tenants  and  re- 
moved by  them  or  their  order  from  the  premises,  when  rent 
shall  be  due,  or  about  to  become  due",  if  removed  within  thirty 
days  before  the  rent  will  become  due,  shall  be  considered  a  clan- 
destine removal,  and  the  property  may  be  followed  and  dis- 
trained in  the  same  manner  as  if  it  were  found  on  the  premises 
rented ,  if  not  sold  to  a  bona  fide  purchaser  without  notice.  —  1 
Laws  of  Maryland,  919.  (1826,  ch.  266.) 

Costs  of  distress  made  by  constables  to  be  borne  by  tenant.  — 

1  Ibid.  769.  (1821,  ch.  162.)  No  spinning  wheel  or  loom, 
which  shall  be  loaned  or  hired  out  to  any  person,  shall  be  seized 
or  taken  by  distress,  for  any  house  rent  or  debt  due  by  suchi 
person.—  I  Ibid.  621.  (1813,  ch.  135.) 

Wliere  lands  are  rented  for  a  portion  of  the  crop,  the  produce' 
cannot  be  sold  by  sheriff  or  other  officer,  by  virtue  of  any  process 
issued  against  the  tenant,  so  as  to  deprive  the  landlord  of  his 
share  ;  but  it  must  be  sold  subject  to  the  claim  of  the  landlord.— 

2  Ibid.  1021.   (1831,  ch.  171.) 

If  the  tenant  fails  to  deliver  to  the  landlord  his  share  of  the 
crops,  according  to  agreement,  the  landlord  may  levy  a  distress 
for  the  same,  the  value  of  his  share  in  money  being  ascertained 
by  two  disinterested  persons  sworn  as  appraisers.  The  tenant' 
has  his  election  at  any  time  before  the  property  distrained  is  sold' 
uAder  such  distraint,  to  deliver  the  rent,  if  grain,  a  portion  of  the 
crops,  to  the  landlord,  or  to  pay  him  the  said  estimated  value,  - 
together  in  both  cases,  with  the  expenses  of  said  distraint ; 
whereupon  all  proceedings  shall  cease.  The  right  to  replevin 
the  property  distrained  is  also  reserved  to  the  tenant.  —  2  Ibid. 
102.   (1831,  ch.  171.) 

Landlords  before  making  distress  for  rent  due  must  make 
oath,  before  some  justice  of  the  peace  in  the  county  where  pr&- 
mises  lie,  or  where  the  landlord  or  his  agent  resides,  of  the 
amount  of  money  or  quantity  of  produce  due,  and  what,  if  any,- 
credits  have  been  given.  — 2  Ibid.  1141.  (1834,  ch.  192.) 

*  irihe  landlord  has  dUtrained  Tor  pan  ofthU  year's  rent,  and  the  goods  hart 
been  replevied,  he  can  only  claim  the  rent  accruing  subsequent  to  the  diciress 
4  Watu  42. 

The  widow  holding  an  inlerrst  in  the  land  of  her  deceased  husband  under 
Ibe  iniMtate  law,  is  entitled  tu  be  paid  one  year's  arrears. —2  MHu  89. 


00  SOUTH  CAKOLINA  STATXTTES. 

When  landlord  gives  notice  to  sheriff  or  constable  about  to 
sell  goods  of  his  tenant  that  rent  is  due  him,  he  must  append  to 
such  notice  or  claim  an  affidavit  of  the  amount  of  the  rent 
claimed  to  be  due.  —  Ibid.  ^  2. 

Every  warrant  authorizing  any  bailiff  to  levy  a  distress  for 
rent,  must  have  appended  an  account  of  the  money  claimed  to 
be  due  and  in  arrear,  or  the  quantity  of  produce  due,  and  an  affi- 
davit thereon.  — Ibid.  ^  3. 

In  case  of  distress  for  rent  the  officer  cannot  summon  more 
than  two  appraisers  of  property  distrained,  and  the  compensation 
of  the  officer  for  summoning  and  swearing  each  appraiser  shall 
be  twenty  cents,  and  the  compensation  of  each  appraiser  thirty 
cents.  —  Ibid.  ^  4. 

All  claims  for  rent  in  arrear,  against  deceased  persons,  for 
which  distress  may  be  levied  by  law,  after  the  death  of  the 
deceased,  shall  have  preference  over  all  other  claims,  except 
such  as  now  have  preterence  over  claims  for  rent  in  arrear,  without 
the  levying  of  di-stress  therefor.  —2  Ibid.  1237.  ( 1836,  ch.  192  ) 

Where  tenants  having  power  to  determine  their  leases  upon 
notice,  hold  the  premises  after  the  time  they  notify  for  quitting 
them,  they  are  liable  to  pay  double  rent.  —  2  Ibid.  578. 

Rents  may  be  recovered  from  under  tenants,  where  tenants 
for  life  die  before  rent  is  payable.  —  2  Ibid.  577. 

Landlords  may  distrain  and  sell  goods  fraudulently  carried  off 
the  premises,  within  thirty  days  from  such  carrying  off,  unless 
they  have  been  sold  to  a  person  having  no  knowledge  of  the 
fraud.  Landlords  may  break  open  houses  to  seize  goods  fraud- 
ulently secured  therein.  — 2  Ibid.  573. 

Landlords  may  distrain'stock  or  cattle  on  the  premises  for  ar- 
rears of  rent ;  also  take  and  seize  all  sorts  of  corn  and  grass, 
hops,  roots,  fruits,  pulse,  or  other  product  whatsoever  growing 
on  any  part  of  the  premises,  and  the  same  cut,  gather,  make, 
cure,  carry,  and  lay  up,  when  ripe,  in  the  barns  or  other  proper 
place  on  the  premises  ;  and  for  want  of  such  places,  then  in  any 
other  barn  or  proper  place  which  such  landlords  may  procure  as 
near  as  may  be  to  the  premises,  and  in  convenient  time  to  ap- 
praise, sell,  or  otherwise  dispose  of  the  same,  towards  satisfac- 
tion of  the  rent  for  which  they  are  taken  ;  the  appraisement  to 
be  made  when  cut,  gathered,  cured,  and  made,  and  not  before. 
—  2  Ibid.  574.  Tenants  to  have  notice  of  the  place  where  the 
distress  is  lodged  within  a  week  after  the  lodging  thereof.  —  2 
Ibid.  574. 

Distress  of  ccrn  or  other  products,  above  enumerated,  to  cease 
if  rent  be  paid  before  it  is  cut.  —  Ibid . 

SOUTH     CAROLINA. 

At  the  end  of  a  written  lease,  where  a  demand  of  possession 
has  been  made  in  writing  and  refused,  in  ten  days,  two  justices 
of  the  peace  may  cause  a  jury  to  be  summoned,  and  the  parties 


LOUISIANA   STATUTES.  89 

to  appear  before  them,  and  the  tenant  to  show  cause  why  the 
lessor  should  not  be  put  in  possession .  If  the  lessor  prevails, 
the  justices  issue  their  warrant  commanding  the  sheriff  forth- 
with to  put  the  lessor  in  possession  of  the  premises,  and  levy 
the  expenses  on  the  tenant.  Sheriff  must,  within  ten  days  after 
receiving  the  warrant,  put  the  lessor  in  possession,  and  for  that 
purpose  may  break  open  doors  if  resisted.  —  5  vol.  Statutes, 
676;  6  Ibid.  68. 

Tenant  not  to  make  alterations  or  remove  buildings  erected 
upon  the  leased  premises  without  permission  first  had  in  writing, 
under  pain  of  forfeiting  the  residue  of  the  lease  ;  forfeiture  to 
be  ascertained  by  justice  of  the  peace  or  of  the  quorum,  with 
juries  as  stated  above  for  the  removal  of  lessee. — 6  Ibid.  68. 

No  verbal  lease  can  give  a  right  of  possession  for  a  longer 
term  than  one  year  from  the  time  of  entering  on  the  premises, 
and  all  such  cases  shall  be  understood  to  be  for  one  year,  unless 
it  be  stipulated  to  be  for  a  shorter  term. — 6  Ibid.  67. 

Every  lease  or  written  agreement,  for  renting  of  lands  and 
tenements,  absolutely  ends  at  the  period  therein  stated,  and 
neither  landlord  nor  tenant  is  bound  to  give  notice. — 6  Ibid.  67. 

No  payment  made  in  anticipation  of  rent,  for  a  longer  period 
than  twelve  months,  shall  be  considered  a  valid  discount  against 
the  claims  of  third  persons — 6  Ibid.  67. 

No  written  lease  for  a  longer  period  than  twelve  months  is 
valid  against  the  claims  of  third  persons,  unless  recorded  in  the 
office  of  the  register  of  mense  conveyances,  at  least  within  three 
months  from  the  execution. — 6  Ibid.  67. 

'  LOUISIANA.  " 

If  the  renting  of  a  house  or  other  edifice,  or  of  an  apartment, 
has  been  made  without  fixing  its  duration,  the  lease  shall  be 
considered  to  have  been  made  by  the  month.  In  such  case,  the 
party  desiring  to  put  an  end  to  it,  must  give  notice  in  writing 
to  the  other,  at  least  fifteen  days  before  the  expiration  of  the 
month  which  has  begun  to  run. 

If  the  tenant  of  a  house  or  room  continues  in  possession  a 
week  after  his  lease  expires,  without  any  opposition  by  the  les- 
sor, the  lease  is  presumed  to  continue,  and  he  cannot  be 
removed  without  receiving  the  fifteen  days'  notice  referred 
to  above. 

If  no  time  is  specified  in  the  lease  of  a  farm,  it  is  presumed 
to  be  for  a  year.  If,  af^r  the  lease  of  a  farm  has  expired,  the 
farmer  remains  in  possession  for  a  month,  without  any  step 
having  been  taken  by  the  lessor,  or  a  new  lessee,  to  cause  him 
to  deliver  up  the  possession  of  the  estate,  the  former  lease  shall 
continue,  with  all  its  clauses  and  conditions,  for  one  year  from 
its  expiration. 

When  notice  has  been  given,  the  tenant,  though  remaining, 
cannot  pretend  that  the  lease  has  been  tacitly  renewed. 
L  fcT      8 


90  •  LOUISIANA    STATUTES. 

■  Landlord. — The  lessor  is  bound  to  deliver  the  thing  leased 
to  the  lessee, — to  maintain  it  in  a  condition  such  as  to  serve  the 
use  for  which  it  was  hired, — to  secure  the  lessee  in  the  peacea- 
ble possession  of  it  during  the  term, — to  deliver  the  thing  in 
good  condition  and  free  from  any  repairs. 

The  lessor  ought  to  make,  during  the  term,  all  the  repairs 
which  may  accidentally  become  necessary  ;  except  such  as  the 
tenant  is  bound  to  make,  which  will  be  hereafter  stated.  If  the 
lessor  fails  to  make  such  necessary  repairs,  upon  being  called 
on  by  the  lessee,  the  lessee  may  cause  the  repairs,  if  indispen- 
sable, to  be  made,  and  deduct  the  price,  if  just  and  reasonable, 
from  the  rent  due* 

The  lessor  guarantees  the  lessee  against  all  the  vices  and  de- 
fects of  the  thing,  which  may  prevent  its  use,  even  though  the 
lessor  was  ignorant  of  their  existence  at  the  time  the  lease  was 
made,  and  even  if  they  have  arisen  since  without  the  fault  of 
the  lessee ;  and  if  the  lessee  suffer  loss  from  the  defect,  the 
lessor  must  indemnify  him. 

If  the  lessee  be  evicted,  the  lessor  is  answerable  for  the  dam- 
age and  loss  which  he  sustains  by  the  interruption  of  the  lease. 
If  the  thing  be  totally  destroyed  by  an  unforeseen  event,  or 
be  taken  for  purposes  of  public  utility,  the  lease  is  at  an  end. 
If  it  be  only  destroyed  in  part,  the  lessee  may  demand  a  dimi- 
nution of  the  rent,  or  a  revocation  of  the  lease.  In  neither  case 
has  he  any  claim  for  damages. 

The  lessor  cannot  make  any  alteration  in  the  premises  during 
the  lease. 

If,  without  fault  of  the  lessor,  the  premises  cease  to  be  fit  for 
the  purpose  for  which  it  was  leased,  or  if  its  use  be  much  im- 
peded, as  if  a  neighbor,  by  raising  his  walls,  intercepts  the  light 
of  the  house,  the  lessee  may,  according  to  circumstances,  ob- 
tain the  annulment  of  the  lease,  but  has  no  claim  for  indemnity. 

The  lessee,  unless  the  contrary  is  stipulated,  is  to  pay  the 
taxes,  rents,  and  other  real  charges. 

The  lessor  is  not  bound  to  guarantee  the  lessee  against  dis- 
turbance caused  by  persons  not  claiming  any  right  of  action  lor 
damage  sustained  against  the  person  causing  it. 

If  the  person  committing  the  acts  of  disturbance,  pretend  to 
have  a  right  to  the  thing  leased,  or  if  the  lessee  is  cited  to  ap- 
pear before  a  court  to  answer  to  the  complaint  of  the  persona 
thus  claiming  the  whole  or  a  part  of  the  thing  leased,  or  claim- 
ing some  species  of  services  on  the  same,  he  shall  call  the  lessor 
in  warranty,  and  shall  be  dismissed  from  the  suit,  if  he  wishea 
it,  by  naming  the  person  under  whose  right  he  possesses. 

The  lessor  has  for  the  payment  of  rent,  and  other  obligations 
of  the  lease,  a  right  of  pledge  on  the  moveable  effects  of  the  les- 
see, which  are  found  on  the  property  leased.  In  the  case  of 
farm  estates,  this  right  embraces  every  thing'that  serves  for  the 
abors  of  the  farm,  the  furniture  of  the  lessee's  house,  and  the 


LOUISIANA    STATUTES,  91 

fruits  produced  during  the  lease  of  the  land  ;  and  in  the  caae  of 
houses  and  other  edifices,  it  includes  the  furniture  of  the  lessee, 
and  the  merchandize  contained  in  the  house,  or  apartnnent,  if  it 
be  a  store  or  shop.  This  right  also  extends  to  the  effects  of  the 
under-tenant,  so  far  as  he  is  indebted  to  the  principal  lessee  at 
the  time ;  and  a  payment  made  by  the  under-tenant  to  his  prin- 
cipal, in  anticipation,  does  not  release  him  from  the  owner's 
claim. 

This  right  affects  the  movables  of  third  persons,  when  their 
goods  are  contained  in  the  place  by  their  own  consent ;  but  it  is 
not  so  when  the  movables  are  only  accidentally  or,  transiently 
in  the  building — as  baggage  in  an  inn,  or  goods  in  a  workshop 
to  be  made  up  or  repaired,  or  in  an  auction-room  to  be  sold. 

The  lessor  may  seize  the  movables  before  the  lessee  takes 
them  away,  or  within  fifteen  days  after  they  are  taken  away, 
if  they  continue  the  property  of  the  lessee,  and  can  be  identified. 

Tenant. — The  lessee  is  bound  to  use  the  thing  as  was  intend- 
ed by  the  lease.  And  if  he  makes  another  use  of  it,  and  the 
lessor  is  injured  thereby,  he  may  obtain  the  dissolution  of  the 
lease  ;  and  the  lessee  shall,  in  such  case,  pay  the  rent  until  the 
thing  is  again  leased,  and  all  damage  sustained  by  the  owner 
from  his  misuse. 

The  lessee  is  bound  to  pay  rent  at  the  terms  agreed  on,  and 
he  may  be  expelled  if  he  fails  to  pay  it  when  due. 

If  the  lessee  remains  after  he  has  had  the  notice  required  by 
law,  to  quit,  he  may  be  summoned  before  a  Justice  of  the  peace, 
and  condemned  to  depart ;  and  if  he  fails  to  obey  within  three 
days  after  notice  of  judgment,  the  justice  may  order  him  to  be 
expelled,  and  his  property  removed  by  the  constable  at  his  ex- 
pense. 

The  constable  may  force  the  doors  and  windows  if  shut,  and 
seize  and  sell  such  portion  of  the  lessee's  effects  as  may  be 
necessary  to  pay  costs. 

If,  in  the  lease  of  a  farm,  the  premises  are  stated  to  be  of 
greater  extent  than  they  are,  the  lessee  may  claim  an  abatement 
in  the  rent. 

If  an  inventory  is  made  at  the  time  of  the  lease,  stating  the 
condition  of  the  things  leased,  the  lessee  must  return  the  things 
in  the  same  condition,  reasonable  wear  and  tear  and  unavoidable 
accidents  excepted.  If  no  inventory  be  taken,  then  the  things 
are  supposed  to  have  been  delivered  in  good  order,  and  must  be 
so  returned,  wear  and  tear  and  unavoidable  accidents  excepted. 

The  lessee  is  only  liable  for  losses  and  injuries  occasioned  by 
his  own  fault,  or  that  of  the  members  of  his  family,  or  his  sul>- 
lessees.  He  is  liable  for  loss  by  fire  only  when  it  is  occasioned, 
by  the  fault  of  himself  or  his  family. 

The  farmer  must  prevent  encroachments,  and  in  case  of  any, 
must    inform  his  landlord,  otherwise    he  will  be   liable  in 


W8  LOiriSIANA    STATUTES. 

If  a  slave  become  sick,  or  run  away,  he  must  notify  the  own- 
er, or  he  will  be  liable. 

The  lessee  may  assign  or  underlet  the  premises,  unless  the 
contrary  is  expressly  stipulated. 

The  lessee  may  remove  improvements  and  additions  made  by 
him,  provided  he  leaves  the  premises  in  the  state  he  received 
them  ;  but  if  they  are  made  with  lime  and  cement,  the  lessor 
may  retain  them  on  paying  a  fair  price. 

Repairs. — The  lessee  is  bound  to  make  such  repairs  as  it  be- 
comes necessary  to  make — to  the  hearth,  chimney-backs,  and 
chimney-casings, — to  the  plastering  of  the  lower  part  of  interior 
walls, — to  the  pavement  of  rooms,  when  it  is  partially  broken, 
but  not  when  it  is  in  a  state  of  decay, — for  replacing  window- 
glass  accidentally  broken,  but  not  when  broken  in  the  greatest 
part  by  a  hail  storm,  or  other  inevitable  accident, — to  windows, 
shutters,  partitions,  locks,  and  hinges,  and  things  of  that  de- 
scription, according  to  the  custom  of  the  place. 

The  cost  of  repairs  made  necessary  by  unforeseen  events  or 
decay,  must  be  borne  by  the  lessor,  though  such  repairs  are  of 
the  nature  of  those  usually  done  by  the  lessee. 

The  cleaning  of  wells  and  privies  shall  be  at  the  expense  of 
the  lessor. 

If  during  the  lease  the  premises  want  repairs,  and  those  re- 
pairs cannot  be  postponed  until  the  lease  expires,  the  tenant 
miist  suffer  such  repairs  to  be  made,  whatever  may  be  the  in- 
convenience to  which  he  is  subjected  thereby.  But  ifsuch  re- 
pairs continue  for  more  than  one  month,  the  price  of  the  rent 
shall  be  lessened  in  proportion  to  the  time  occupied  in  repairing, 
and  to  the  parts  of  the  tenement  of  the  use  of  which  he  has  been 
deprived.  And  the  whole  rent  is  to  be  remitted,  if  the  tenant  is 
obliged  to  leave  the  house  or  the  room,  and  take  another  house, 
while  the  repairs  are  being  made. 

Dissolution  of  the  Lease. — The  lease  may  be  dissolved  by  the 
destruction  of  the  premises  ;  by  the  neglect  of  either  party  to 
fulfil  their  engagements  ;  but  not  by  the  death  of  the  lessor  or 
the  lessee  ;  nor  by  the  sale  of  the  premises  by  the  lessor  ;  for 
the  purchaser  cannot  turn  out  the  tenant,  unless  the  contrary  is 
stipulated  in  the  lease. 

If  it  was  agreed  that  in  case  the  lessor  sold  during  the  term, 
the  purchaser  might  take  immediate  possession,  and  if  no  indem- 
nification had  been  stipulated,  then  the  lessor  shall  pay  the 
evicted  lessee  ;  if  the  thing  leased  be  a  house,  shop  or  room, 
a  sum  equal  to  the  rent  for  the  time  a  tenant  of  such  premises 
is  entitled  to  notice,  which  is,  as  we  have  seen,  at  least  fifteen 
days  before  the  end  of  the  month  which  has  begun  to  run  ;  if  it 
be  a  farmer  that  is  evicted,  the  indemnification  to  be  paid  him 
by  the  lessor  is  one-third  of  the  price  of  the  rent  during  the  tim? 
which  has  yet  to  elapse.  The  purchaser  cannot  exercise  this 
light  without  giving  the  fifteen  days'  notice,  in  the  manner 


MISSOURI   STATUTES.  93 

Stated  before ;  and  if  the  lessee  be  a  farmer,  he  shall  have 
one  year's  notice ;  and  previous  to  the  expulsion,  the  tenant 
must  be  paid  the  indemnification  stated  above,  either  by  the 
lessor  or  the  purchaser. 

If  the  lettmg  was  not  by  vpritten  lease,  the  purchaser  is  not 
liable  to  give  any  indemnification. 

If  the  lessor,  in  the  contract  of  sale,  reserves  the  right  of  re- 
demption, the  purchaser  cannot  turn  out  the  tenant,  until  the 
estate  has  become  absolutely  his. 

The  destruction  of  the  whole  or  a  part  of  the  crops  by  acci- 
dent, presents  no  case  for  an  abatement  of  rent,  unless  the  acci- 
dent was  of  such  an  extraordinary  nature  that  it  could  not  have 
been  foreseen  at  the  time  the  contract  was  made, — as  loss  by 
the  ravages  of  a  war  not  anticipated  when  the  contract  was 
made  ;  but  in  such  case  the  loss  must  equal  in  value  one-half  of 
the  crop,  to  entitle  the  tenant  to  an  abatement  of  the  rent.  The 
tenant  is  entitled  to  no  abatement  if  the  loss  happens  after  the 
crop  is  severed  from  the  ground,  unless  the  lessor  is  to  have  a 
portion  of  the  crop,  in  which  case  it  would  seem  the  lessor 
must  bear  his  share  of  the  loss. 

MISSOURI. 

Any  person  having  an  estate  in  rents,  in  the  right  of  his  wife, 
«ay  recover  it  after  her  death. 

The  executors,  or  administrators  of  any  person  to  whom  rent 
b  due,  may  recover  in  the  same  manner  as  the  testate  or  intes- 
tate might  have  done  if  living. 

Every  tenant  in  possession,  served  with  summons  in  eject- 
ment, must  give  notice  thereof,  to  his  landlord  or  his  agent,  or 
forfeit  three  years'  rent. 

A  tenant  who  gives  notice  in  writing  of  his  intention  to  quit, 
and  does  not  deliver  up  the  premises,  is  liable  for  double  rent, 
to  be  recovered  in  the  same  manner  as  single  rent. 

Tenants  who  hold  over  after  the  termination  of  the  lease,  and 
after  demand  of  the  premises  in  writing  by  the  landlord,  are 
liable  for  double  rent. 

A  landlord  may  recover  a  reasonable  satisfaction  for  the  use 
and  occupation  of  any  lands  or  tenements  held  by  any  person 
under  an  agreement  not  made  by  deed. 

An  agreement  by  word  of  mouth,  may  be  used  as  evidence  of 
the  amount  of  damage  to  be  recovered.  ' 

£lvery  landlord  has  a  lien  on  the  crops  grown  on  the  demised 
p  smises,  for  the  rent,  for  such  year,  to  continue  eight  months 
a.ler  such  rent  shall  become  payable,  and  no  longer. 

Whenever  a  half  year's  rent,  or  more,  is  in  arrear  from  a 
te.iaat,  the  landlord,  if  he  has  a  subsisting  right  by  law  to  re- 
enter for  the  non-payment  of  such  rent,  may  bring  an  action  of 
ejectment  against  the  tenant. 
L.   fc   T.  8* 


94  landlords'  &  tenants'  law.     Missouri  &  Illinois. 

The  summons,  if  it  cannot  be  served  in  the  ordinary  way, 
may  be  served  by  affixing  a  copy  of  tiio  declaration  and  sum- 
mons, on  a  conspicuous  part  of  the  demised  premises,  where  it 
may  be  conveniently  read,  which  shall  be  equivalent  to  a  de- 
mand for  rent  and  of  a  re-entry. 

If  there  be  a  tender  of  rent  and  costs  before  judgment,  in  an 
action  of  ejectment,  the  proceedings  shall  cease. 

If  the  rent  and  costs  remain  unpaid  for  six  months,  after  ex- 
ecution in  a  Judgment  of  ejectment  is  executed,  and  a  bill  for 
relief  in  equity  is  filed  within  that  time,  the  lessee  and  all  per- 
sons deriving  title  under  the  lease,  shall  be  barred  from  all  re- 
lief in  law  and  equity,  (except  for  error  in  the  record  ) 

A  mortgagee  of  such  lease  not  in  possession,  and  who  within 
six  months  after  any  judgment  in  ejectment,  shall  pay  all  rent 
in  arrear,  and  all  costs,  and  perform  all  the  agreements  that 
ought  to  be  performed  by  the  first  lessee,  shall  not  be  affected 
by  the  recovery  in  ejectment. 

Laws  of  city  of  st.  Lours. 

In  the  county  of  St.  Louis  the  landlord,  in  case  the  tenant  fails  to  pay 
his  rent,  may  dispossess  him,  and  all  sub-tenants,  by  filing  an  affidavit 
with  any  justice  of  the  peace  in  the  township  in  which  the  property  is  sit- 
uated, or,  if  it  be  in  the  city  of  St.  Louis,  then  with  any  justice  of  the 
peace  in  the  ward  in  which  the  property  is  situated ;  and  thereupon  such 
justice  shall  issue  a  summons  to  such  lessee  to  appear  before  him,  and 
show  cause  why  possession  of  the  property  should  not  be  restored  to  the 
plaintiff.  Summons  returnable  within  three  days.  Upon  the  return  of 
the  summons,  the  justice  to  hear  the  cause.  If  rent  and  costs  are  not  ten- 
dered before  the  justice,  plaintiff  is  to  be  put  into  immediate  possession  of 
the  premises  No  appeal  .shall  be  allowed  unless  the  defendant  give  bond 
with  security  sufficient  to  secure  the  payment  of  all  damages  and  rent 
then  due  and  to  accrue. 

ILL  INOIS. 

Reasonable  rent  may  be  collected  for  lands  held  without 
special  agreement. 

Persons  holding  over  by  collusion  with  tenant,  obliged  to  pay 
double  rent. 

Tenant  not  quitting  premises,  according  to  notice  bj/  him 
given,  to  pay  double  rent. 

If  half  a  years'  rent  be  due,  landlord  may  commence  an 
action  of  ejectment.  The  effect  of  judgment,  in  such  action, 
is  to  destroy  the  lease.  If  tenant  pays  arrearages  and  costs, 
suit  to  be  discontinued. 

Every  tenant,  who  shall  at  any  time  be  sued  on  ejectment, 
by  any  person  other  than  the  landlord,'  shall  give  the  landlord 
or  his  attorney,  notice,  under  penalty  of  forfeiting  two  years' 
rent  of  the  premises  in  question. 

In  distress  for  rent,  landlord  may  seize  any  personal  property 
of  tenant  in  the  county,  but  not  the  property  of  another  person, 
though  it  be  found  on  the  premises. 

Sec.  8.   Every  landlord  shall  have  a  lien  upon  the  crops 


landlords'  &  tenants'  law.      ILLINOIS   &   INDIANA.   95 

growing,  or  prown  upon  the  demised  premises,  in  any  year,  for 
rent  that  shall  accrue  for  such  year. 

In  case  the  tenant  shall  abandon  the  premises,  landlord  may 
seize  the  crops  growing  thereon,  before  the  rent  is  due.  He 
may  cause  crops  so  growing  to  be  cultivated  and  perfected, 
until  the  rent  agreed  upon  becomes  due,  when  it  shall  be  law- 
ful for  such  landlord,  or  his  attorney,  to  dispose  of  the  same. 
Provided,  that  such  tenant  may,  at  any  time,  redeem  such  pro- 
perty, before  the  rent  is  due,  by  tendering  the  rent  agreed  on 
and  all  reasonable  expenses  attending  the  same,  for  care,  culti- 
vation and  husbandry,  as  aforesaid,  or  replevy  the  same,  as  in 
case  of  seizure,  where  the  rent  is  due. 

Property  distrained  for  rent,  if  not  replevied  within  five  days 
to  be  sold.  After  retaining  the  amount  due  for  rent  and  the 
costs  of  sale,  the  overplus,  if  any,  to  be  restored  to  tenant. 

INDIANA. 
Lease  for  three  years  or  more  must  be  in  writing,  and  record- 
ed within  ninety  days. 

[From  the  Revised  Statutes,  Vol.  II,  1852.] 

Estates  at  will  may  be  determined  by  one  month's  notice  in 
writing  delivered  to  the  tenant. 

A  tenancy  at  will  must  be  created  by  express  contract.  All 
general  tenancies,  in  which  the  premises  are  occupied,  by  the 
consent  of  the  landlord,  either  express  or  constructive,  shall  be 
deemed  tenancies  from  year  to  year. 

All  tenancies  from  year  to  year,  may  be  determined  by  at 
least  three  months'  notice  given  to  the  tenant,  prior  to  the 
expiration  of  the  year ;  and  in  all  tenancies  which  by  agree- 
ment of  the  parties,  express  or  implied,  are  from  one  period 
to  another  of  less  than  three  months'  duration,  a  notice  equal 
to  the  interval  between  such  periods  shall  be  sufficient.* 

If  a  tenant  at  will,  or  from  year  to  year,  or  for  a  shorter  pe- 
riod, neglect  or  refuse  to  pay  rent  when  due,  ten  days'  notice 
to  quit  shall  determine  the  lease,  unless  such  rent  be  paid  at  the 
expiration  of  said  ten  days,  f 

Where  the  time  for  the  determination  of  a  tenancy  is  speci- 
fied in  the  contract,  or  where  a  tenant  at  will  commits  waste,  or 

•Forms  of  notices  to  quit  in  case  of  a  tenancy  from  year  to  year : 

To  A.  B. — You  are  hereby  notified  to  deliver  up  to  me,  at  the  expiration  of 
the  current  year  of  the  tenancy,  the  possession  of  the  following  described 
premises,  [here  describe  them]  now  held  by  you,  of  me. 

Sept.  20,  1852.  C.  D. 

To  A.  B — You  are  hereby  notified  to  deliver  up  to  me,  at  the  expiration  of 
three  months  from  the  time  of  receiving  this  notice,  the  possession  of  the  fol- 
lowing premises,  [here  describe  them]  now  held  by  you,  of  me. 

Sept.  20,  1852.  C.  D. 

t  Form  of  a  ten  days'  notice  :    • 

To  A.  B. — You  are  hereby  notified  to  deliver  up  to  me,  at  the  expiration 
often  days  from  the  time  of  receiving  this  notice,  tne  possession  of  the  follow- 
ing premises,  [here  describe  them]  now  held  of  me  by  you  as  tenant,  unless 
the  rent  due  for  said  premises  is  paid  within  that  time. 

Sept.  20, 1852.  C.  D. 


96  LANDLORI>s'    AND   TENANTS*    LAW.       WISCONSIN. 

is  at  sufferance,  and  where  the  relation  of  landlord  and  tenant 
does  not  exist,  no  notice  to  quit  shall  be  necessary. 

Notice,  as  required  in  the  preceding  sections,  may  be  served 
on  the  tenant,  or  if  he  cannot  be  found,  by  delivering  the  sani'? 
to  some  person  of  proper  age  and  discretion,  residing  on  the  premi- 
ses, having  first  made  known  to  such  person  the  contents  thereof. 

Sub-lessees  shall  have  the  same  remedy  upon  the  original 
covenant  against  the  chief  landlord,  as  they  might  have  had 
against  their  immediate  lessor. 

A  landlord,  after  legal  notice,  or  otherwise,  can  obtain  pos- 
session of  lands,  unlawfully  held  by  tenant,  by  making  complaint 
before  a  justice  of  the  peace,  who  shall  summon  such  tenant  to 
appear  bef(»re  him  in  not  less  than  five  nor  more  than  fifteen 
days.  Where  notice  is  required  by  law,  a  copy  and  proof  of 
service  is  necessary.  If  verdict  be  for  plaintiff  judgment  sliall 
be  rendered  that  he  have  complete  possession  ;  and  damages 
and  costs  shall  be  levied  on  goods  of  defendant,  up  to  the  time 
of  trial  ;  and  the  writ  of  delivery  be  forthwith  executed. 

Either  party  may  appeal,  as  in  other  cases  before  justices," 
and  bonds  securing  damages  and  costs  be  given  by  appellant. 

WISCONSIN. 

All  estates  at  will,  or  by  sufferance,  may  be  determined  by 
either  party,  by  three  months'  notice  given  to  the  other  party, 
and  when  the  rent  is  payable  at  periods  less  than  three  months, 
the  time  of  such  notice  shall  be  sufficient,  if  it  be  equal  to  the 
interval  between  the  times  of  payment ;  and  in  all  cases  of  neglect 
or  refusal  to  pay  the  rent  due  on  a  lease  at  will,  fourteen  days' 
notice  to  quit  given  in  writing  by  the  landlord  to  the  tenant, 
shall  be  sufiicient  to  determine  the  lease. 

No  person  shall  make  forcible  entry  into  lands. 

On  complaint  in  writing  to  any  justice  of  the  peace  of  any 
forcible  entry  or  unlawful  detainer,  he  shall  issue  his  summons 
to  bring  the  person  complained  of  before  him  in  six  and  not  more 
than  ten  days.      Either  party  may  demand  a  trial  by  jury. 

If  upon  trial  the  defendant  be  found  guilty,  judgment  shall  be 
entered  for  restitution  of  the  premises,  and  a  fine  imposed  not 
exceeding  one  hundred  dollars,  with  the  costs.  The  complain- 
ant shall  also  be  entitled  to  treble  damages,  with  costs  of  suit ; 
but  nut  against  any  person  who  has  had  quiet  possession  three 
whole  years  next  before  the  entering  of  the  complaint. 

When  any  person  shall  hold  over  any  lands  or  tenements,  af- 
ter termination  or  contrary  to  the  conditions  or  covenants  of  the 
lease,  or  after  any  rent  shall  become  due  and  remain  unpaid  for 
the  space  of  three  days,  the  lessor  shall  make  demand  in  writing 
of  such  tenant,  that  he  shall  deliver  the  possession  of  the  prem 
ises,  and  if  the  tenant  shall  refuse  or  neglect  for  the  space  of 
three  days  after  such  demand,  to  quit  the  premises  or  pay  the 


LANDLORDS*  AND  TENANTS'  LAW.   OHIO.       97 

rent,  complaint  may  be  made  to  any  justice  of  the  peace,  who 
shall  proceed  to  try  the  same  in  the  same  manner  as  in  other 
cases :  Provided  that  in  all  cases  mentioned  in  this  section,  no 
fine  shall  be  imposed  upon  the  tenant. 

The  complainant  shall  be  entitled  to  treble  damages  from  the 
time  of  notice  to  quit  the  premises,  and  until  that  time  damages 
only.  If  either  party  shall  feel  aggrieved  by  the  decision  of  the 
justice  or  jury,  he  may  appeal  within  ten  days,  by  giving  a  bond 
with  two  sureties,  to  pay  all  costs  of  such  appeal,  and  abide  such 
order  as  the  court  may  make  therein,  and  pay  all  rent  and  other 
damages,  justly  accruing  to  said  complainant  during  the  pen- 
dency of  such  appeal. 

— _— - 

Leases  of  school  or  ministerial  lands,  for  more  than  ten  years, 
and  all  other  leases  of  lands  exceeding  three  years,  must  be 
signed,  sealed,  and  acknowledged,  in  the  presence  of  two  wit- 
nesses, who  shall  attest  the  same,  and  it  shall  also  be  acknow- 
ledged before  a  judge,  justice  of  the  peace,  mayor,  or  other  pre- 
siding officer  of  an  incorporated  town  or  city,  and  be  recorded 
within  six  months  from  the  date  thereof.     S.  of  O.  p.  267. 

No  leases,  estates,  or  interests,  either  for  freehold,  or  terra 
for  years,  shall  at  any  time  be  assigned  or  granted,  unless 
by  deed,  or  note  in  writing,  signed  by  the  party  so  assigning 
or  granting  the  same,  or  their  agents,  or  attorney. 

[Forcible  Entry  ajid  Detainer.      Code  of  Procedure,  1853.]  • 

Any  justice,  within  his  proper  county,  shall  have  jurisdiction 
in  cases  of  unlawful  and  forcible  entry  into  land,  tenements, 
&c.,  and  when  he  finds  that  such  unlawful  and  forcible  entry 
has  been  made,  and  that  the  land,  or  tenements  are  held  by 
force,  or  that  the  same,  after  a  lawful  entry,  are  held  by  force, 
then  said  justice  shall  cause  the  party  complaining  to  have  res- 
titution thereof. 

Proceedings  may  be  had  in  all  cases  against  tenants  holding 
over  their  terms.  Sic.,  and  in  cases  where  the  defendant  is  a 
settler,  or  occupier  of  lands  or  tenements,  without  color  or  title, 
and  to  which  the  complainant  has  the  right  of  possession. 

The  party  who  commences  the  action  must  notify  the  ad- 
verse party  to  leave  the  premises,  which  notice  must  be  served 
at  least  three  days  before  commencing  the  action,  by  leaving  a 
written  copy  with  the  defendant,  or  at  his  usual  place  of  abode, 
if  he  cannot  be  found. 

Complaint  in  writing,  describing  the  premises  and  setting 
forth  the  cause  of  complaint,  must  be  filed  with  the  justice, 
before  he  issues  hie  summons.  The  summons  shall  state  the 
cause  of  complaint,  and  time  and  place  of  trial,  and  shall  be 
served  three  days  before  the  day  of  trial.  If  defendant  does 
not  appear,  the  justice  shall  try  the  cause  as  though  he  was 
present.     No  continuance  shall   be  granted  for  a  longer  pe- 


98   landlords'  k  tenants'  law.     Michigan  &  iowa. 

riod  than  eight  days,  unless  defendant  gives  security  for  the 
rent  that  may  accrue,  if  judgment  be  rendered  against  him. 
If  the  suit  be  not  continued;  place  of  trial  changed,  or  neither 
party  demand  a  jury  upon  the  return  day  of  the  summons,  the 
justice  shall  try  the  cause.  If  he  shall  conclude  that  the  com- 
plaint is  not  true,  he  shall  enter  judgment  against  the  plaintiflF 
for  costs ;  but  if  he  find  the  complaint  true  he  shall  render  a 
general  judgment  against  the  defendant  and  in  favor  of  plain- 
tiff, for  restitution  and  costs. 

'  mTchigan. 

Lease  for  one  year  or  more  must  be  in  writing. 

Whenever  a  tenant  of  any  land  for  a  less  term  than  twenty- 
five  years  shall  be  assessed  to  work  on  the  highway  for  such 
land,  and  shall  perform  such  work,  he  shall  be  entitled  to  a  de- 
duction from  the  rent  due,  or  to  become  due  from  him,  for  such 
land,  equal  to  the  full  amount  of  such  assessment,  unless  other- 
wise provided  between  such  tenant  and  his  landlord. 

In  all  cases  of  neglect  or  refusal  to  pay  the  rent  due  on  a 
lease  at  will,  fourteen  days'  notice  to  quit,  given  in  writing  by 
landlord  to  tenant,  shall  be  sufficient  to  determine  the  lease. 

A  widow  may  remain  in  the  dwelling-house  of  her  husband 
one  year  after  his  death. 

All  estates  at  will  may  be  determined  by  either  party,  by 
three  months'  notice  in  writing  for  that  purpose,  given  to  the 
other  party  ;  and  when  the  rent  is  payable  at  periods  less  than 
three  months,  the  time  of  such  notice  shall  be  sufficient,  if  it  be 
equal  to  the  interval  between  the  days  of  payment. 

IOWA. 

Code  of  Iowa.  Three  months'  notice  in  writing  is  necessary 
to  be  given  by  either  party  before  he  can  terminate  a  tenancy  at 
will.  But  where  rent  is  reserved,  payable  at  intervals  of  less 
than  three  months,  the  length  of  notice  need  not  be  greater  than 
such  interval  between  the  days  of  payment.  In  case  of  tenant's 
occupying  and  cultivating  farms,  the  notice  must  fix  the  termina- 
tion of  the  tenancy  to  take  place  on  the  first  day  of  April. 

A  tenant  wilfully  holding  over  the  term,  and  after  notice  to 
quit,  shall  pay  double  rent  for  the  time  he  holds  over.  A  land- 
lord has  a  lien  for  his  rent  upon  the  crops  grown  upon  the  prem- 
ises, as  well  as  on  the  tenant's  personal  property  used  on  the 
premises. 

In  case  of  holding  over  by  tenant,  or  for  non-payment  of  rent, 
three  days'  notice  to  quit  must  be  given  to  tenant  in  writing.  If 
possession  be  not  given,  application  by  petition,  in  writing,  and 
sworn  to,  must  be  made  to  a  justice  of  the  peace,  who  shall  re- 
quire the  tenant  to  appear  before  him  in  not  less  than  two  nor 
more  than  six  days  from  the  time  of  notice. 

Leases  exceeding  one  year  must  be  in  writing. 


FORMS 

OF 

AGREEMENTS,  LEASES,  ETC. 

CHAPTER  IV. 

— ■♦ — 

Agreement  for  a  Lease. 

Memorandum  of  an  Agreement  made  this  day  of 

,  18     ,  between  A.  B.,  of  ,  of  the  one  part,  and  C.  D.,  of 

,  of  the  other  part : 
Witnesseth,  That  the  said  A.  B.  agrees  to  let,  and  the  said  C.  D. 
agrees  to  take  on  lease  lor  the  term  of  years,  to  be  computed 

from  the  date  hereof,  all  those  premises  situate  in  ,  at  the 

yearly  rent  of  dollars  per  annum,  to  be  paid  quarterly,  and  to 

commence  from  the  first  day  of  July  next,  without  any  deduction 
whatsoever,  for  or  on  account  ol  taxes,  &c.,  the  said  lease  to  con- 
tain the  same  covenants  as  are  contained  in  the  lease  from  J.  O.  to 
the  said  A.  B.,  and  also  that  all  erections  now  on  the  premises  are 
to  be  left." 
Signed,  &c.  A.  B 

C.  D. 

Short  Lease  of  a  House,  or  Store. 

This  Indenture  witnesseth,  that  I,  A.  B.,  of  »  do  hereby 
lease  to  C.  D.,of  ,  for  the  term  of  one  year,  to  commence  on 
the  day  ot  next,  the  dwelling-house  [or  store],  numbered 
22  Washington  street,  in  the  city  of  ,  with  the  appurtenances, 
for  the  yearly  rent  of  hundred  dollars,  to  be  paid  in  quarterly 

payments  of  dollars  each,  on  the  first  day  of  the  months  ot 

April,  July,  October,  and  January. 

And  C.  D.  promises  to  pay  A.  B.  the  said  rent  at  the  times  above 
specified,  and  to  quit  and  surrender  the  premises  at  the  expiration  of 
the  term  in  as  good  condition  as  reasonable  use  thereof  will  per* 
mit,  fire,  and  otner  unavoidable  casualties  excepted. 

In  witness  whereof,  the  said  parties  have  hereunto  interchange-' 
ably  set  their  hands  and  seals  this        day  of  A.  D.  1832. 

A.  B.     [l.  9.J 
C.  D.     II.  •.] 

Inpnsenee^ 

*  The  above  ac^reement  does  not  amonnt  to  an  actual  lease,  there  being  on 
clause  showing  that  the  defendant  was  to  have  the  land  from  the  time  of  ex«». 
eating  the  agreement,  4  Jur.  490. 


100  FORMS    OF    LEASES. 

Lease  of  Two  Rooms  with  Privileges. 

This  Indenture  witnesseth.  That  I,  A.  B.,  of  ,  do  here- 
by demise  and  lease  to  C.  D.,  of  ,  one  back  room  in  the  second 
story,  and  one  room  in  the  third  story,  with  a  privilege  in  the 
kitchen,  back-yard,  and  cellar;  being  part  of  the  house  and  appur- 
tenances now  occupied  by  sundry  tenants,  situate  in  B.  street.  No. 
4,  in  the  city  of  B        . 

To  hold  the  same  for  the  term  of  two  years,  from  the  day 

M  next,  the  said  lessee  yielding  and  paying  therefor  the  rent 

or  sum  of  dollars  a  year,  payable  weekly  [or,  monthly,]   by 

equal  and  even  portions ;  the  first  payment  to  be  made  on  the 
day  of  next  ensuing  .the  date  hereof. 

And  the  said  C.  D  agrees  to  pay  the  said  A.  B.,  the  above  rent 
as  aforesaid,  and  at  the  end  of  the  term,  peaceably  quit  the  said 
premises,  leaving  them  in  as  good  condition  and  repair  as  they  are 
now  in,  reasonable  wear,  accidental  fire,  and  other  unavoidable 
casualties  excepted. 

Witness  our  hands  and  seals,  this        day  of        ,  A.  D.  1852. 

A.  B.     [L.  s.l 
Exeeuttd  in  presence  qf  CD.     [l..  s.J 

Guarantee  for  Payment  of  Rent. 

In  consideration  of  the  letting  of  the  within  described  premises,  at  my  re- 
qnest,  I  do  hereby  guarantee  to  Mr  A.  B.,  the  punctual  payment  of  the  rent 
therem  mentioned  for  one  year,  and  no  longer.  E.  F.    [l.  s.] 

Inprtitnce  of 

Lease  of  House^  or  Store. 

This  Indenture,  made  this        day  of       ,  185    ,  between 

A.  B.  of        ,  and  C.  D.  of        ,  witnesseth  : — 

That  the  said  A.  B.,  in  consideration  of  the  agreements  of  the  said 
C.  1).  hereafter  mentioned,  does  hereby  lease  to  the  said  C.  D.  the 
dwelling-house  [or   store]  with  the  appurtenances,   numbered  44 

B.  street,  in  the  city  of  B.,  now  occupied  by  J.  E. 

To  have  and  to  hold  the  same  to  the  said  lessee  for  the  term  of 
four  years  from  the  date  hereof.  And  the  following  are  the  terms, 
conditions,  and  provisions  of  this  lease : — 

The  rent  of  said  store  [or  house],  annually  during  said  term  shall 
be  dollars,  which  said  lessee  agrees  to  pay  said  lessor  in  quar- 

terly payments  of        dollars  each  ;  the  first  payment  thereof  to  be 
made  on  the        day  of        now  next  ensuing. 

And  the  lessee  promises  to  make  no  unlawful  or  offensive  use  of 
the  premises,  to  pay  all  taxes  and  assessments  that  shall  be  levied 
on  the  same,  to  keep  the  premises  in  good  repair,  and  deliver  up  the 
same  to  the  lessor  at  the  cud  of  the  term  in  reasonably  good  order  and 
condition,  fire  and  unavoidable  casualties  excepted. 

And  the  lessor  agrees  that  the  lessee  shall  occupy  the  premises 
during  the  term  free  from  all  lawful  claim  of  any  other  person. 

In  case  said  store  shall  be  destroyed  or  rendered  unfit  for  its  ac- 
customed uses  by  fire  or  other  unavoidable  casualty  during  the  said 
term,  thereupon  this  lease  shall  be  terminated. 

If  said  lessee  shall  neglect  to  make  any  quarterly  payment  of  rent, 


FORMS   OF   LEASES.  101 

or  pay  any  tax  or  assessment,  or  refuse  or  neglect  to  fulfil  any  con- 
aiiion  herein  on  his  part  contained,  for  the  term  of  days  after 
said  lessor  shall  in  writing  have  given  him  notice  of  such  neglect, 
thereupon  the  said  lessor  may  enter  the  premises  and  expel  the  said 
lessee  therefrom,  without  prejudice  to  any  remedies  which  might 
otherwise  be  used  for  arrears  of  rent  or  preceding  breach  of  covenant. 
In  witness  whereof  the  parties  have  hereunto  interchangeably 
set  their  hands  and  seals  the  day  and  year  first  above  written. 

A.  B.      [L.  8  ] 
C.   D.     [L.  8.] 
In  presence  of 

Guarantee  for  Payment  of  Rent  > 
In  consideration  of  the  leHing  of  the  above  described  premises,  and  of  one 
dollar  to  me  puid,  I  do  hereby  promise  and  bind  myself,  that  the  said  C.  D. 
shall  pay  the  rent  and  perform  the  above  lease  or  agreement  on  his  part  in  all 
respects,  for  one  year,  and  no  longer. 

Witness  my  hand  and  seal,  the day  of ,  18—. 

•  E.F.    [I..S.] 

In  presence  of 

Lease  of  Furniture,  or  Goods. 

This  Indenture,  made  this  day  of  ,185  .between 
A.  B.  of        ,  and  C.  D.  of        ,  witnesseth  : 

That  in  consideration  of  the  rents  and  agreements  to  be  paid  and 
performed  on  the  part  of  the  said  C.  D.,  the  said  A.  B.  does  hereby 
lease  to  the  said  C.  D.,  the  household  furniture  [or  goods]  de- 
scribed as  follows: 

2  Looking  Glasses, Marked  A.  B.  on  the  back. 

1  Bureau, '*  A.  B.  on  the  back. 

1  Gre.iiin  Table "  A.  B.  undenhe  leaf. 

13  Mahogany  Chairs, "  A.  B.  under  the  seat. 

12  Silver  Tea  Spoons, "  A.  B.  on  the  handle. 

1  Piano, "  A.  B  on  the  back. 

2  Kidderminster  Carpets, "  A.  B.  in  the  curner. 

To  have  and  to  hold  the  same  to  the  said  lessee,  for  the  term  of 
years,  from  the  date  hereof,  the  said  lessee  paying  therefor  tho 
yearly  rent  of        dollars  during  the  said  term. 

And  the  said  lessee  covenants  with  the  said  lessor,  that  he  will 
pay  the  rent  aforesaid,  in  monthly  payments  of  dollars  each,  on 
the  day  of  each  month,  during  said  term,  and  for  such  further 
time  as  the  lessee  may  hold  the  same  ;  and  that  he  will  not  assign 
nor  underlet  the  said  ,  nor  any  part  thereof,  without  the  writ- 
ten consent  of  said  lessor:  and  that  he  will  at  his  own  expense 
replace  any  and  all  of  said  which  shall  be  lost,  or  carelessly 

or  accidentally  injured  during  the  said  term  ;  and  at  the  expiration 
thereof,  or  the  sooner  termination  of  this  lease,  he  will  restore  the 
said  to  the  said  lessor,  in  the  like  good  order  in  which  they 

now  are,  wear  and  diminution  resulting  from  reasonable  use  and 
unavoidable  casualties   excepted. 

And  it  is  agreed  that,  until  condition  broken,  said  C.  D.  shall 
peaceably  retain  possession  of  said  chattels. 

In  witness  whereof,  the  said  parties  have  hereunto,  &c. 

A.  B.    '    [L.8.] 
C.  D.        [1..8.] 
In  presence  of 

Iid&  T  9 


102  FORMS    OF   LEASES. 

,An  Unexceptionable  Lease. 

This  Indenture,  made  the day  of in  the  year 

eighteen  hundred  and ,  between  A.  B.,  of ,  of  the  one 

part,  and  C.  D.,  of ,  of  the  other  part, 

Witnesseth,  That  in  consideration  of  the  covenants  herein  con- 
tained on  the  part  of  the  said  C.  D.  and  his  representatives,  to  be 
kept  and  performed,  he  the  said  A.  B.  doth  hereby  grant,  demise, 

and  lease  unto  the  said  C.  D.  and  his  representatives,  [here 

describe  the  premises  and  situation.^ 

To  hold  the  said  premises,  with  the  rights,  easements  and  appurte- 
nances thereto  belonging,  unto  the  said  C.  D  and  his  representa- 
tives, from  the day  of ,  during  the  full  term  of years, 

thence  next  ensuing. 

Yielding  and  Paying  (except  only  in  case  of  fire  or  other  cas- 
ualty, as  hereinafter  is  mentioned)  the  rent  or  sum  of dollars 

yearly,  by  equal  quarterly  payments,  to  wit :  on  the days  of 

— ,  — ,  — ,  and  — ,  in  every  year  during  said  term  and  at  that  rate  for 
such  further  time,  as  the  said  Lessee,  or  those  claiming  under  him, 
shall  hold  the  said  premises  or  any  part  thereof;  the  tirst  payment 
thereof  to  be  made  on  the day  of now  next  ensuing. 

AxD  the  said  Lessee  for  himself  and  his  representatives,  hereby 
covenants  and  agrees  with  and  to  the  said  Lessor,  his  representatives 
and  assigns,  that  he  and  they  will  during  the  said  (erm,  and  for  such 
further  time  as  the  said  Lessee  or  those  claiming  under  him  shall 
hold  the  said  premises,  or  any  part  thereof,  pay  unto  the  said  Lessor 
his  heirs  and  assigns,  the  said  yearly  rent  as  aforesaid,  upon  the  days 
hereinbefore  appointed  for  the  payment  thereof,  (except  only  in  case 
of  tire  or  other  casualty,  as  hereinafter  mentioned,)  and  also  all  the 
taxes  and  assessments  whatsoever,  whether  in  the  nature  of  taxes 
now  in  being  or  not,  which  may  be  payable  for,  or  in  respect  of  the 
said  premises  or  any  part  thereof, during  said  term :  and  also  will  keep 
all  and  singular  the  said  premises  in  such  repair,  as  the  same  are 
in  at  the  commencement  of  said  term,  or  may  be  put  in  by  the  said 
Lessor  or  his  representatives,  during  the  continuance  thereof; 
reasonable  use,  and  wearing  thereof,  and  damage  by  accidental  lire 
or  other  inevitable  accidents  alone  excepted. 

And  the  said  Lessee  further  covenants  and  agrees  with  and  to  the 
said  Lessor,  and  his  heirs  and  assigns,  that  he  or  others  having  his 
estate  in  the  premises,  will  not  assign  this  lease,  nor  underlet  the 
whole  or  any  part  of  the  said  premises;  and  that  no  alterations  or 
additions  shall  be  made  during  the  term  aforesaid,  in  or  to  the  same, 
without  the  consent  of  the  said  Lessor  or  of  those  having  his  estate 
in  the  premises  being  first  obtained  in  writing  allowing  thereof;  and 
also,  that  it  shall  be  lawful  for  the  said  Lessor  and  those  having  his 
estate  in  the  premises,  at  seasonable  times,  to  enter  into  and  upon 
the  same,  to  examine  the  condition  thereof:  And  further,  that  he 
the  said  Lessee  and  his  representatives,  shall  and  will,  a'  the  expi- 
ration of  said  term,  peaceably  yield  up  unto  the  said  Lessor  or  those 
having  his  estate  therein,  all  and  singular  the  premises,  and  all  fu- 
ture erections  and  additions  to  or  upon  the  same,  in  good  tenantable 
repair  in  alf  respects,  reasonable  wearing  and  use  thereof,  and  dam- 
age by  fire,  or  other  casualties  excepted. 


FORMS   OF   LEASES.  103 


Provided  always,  and  these  presents  are  upon  this  condition,  that 
if  the  said  Lessee  or  his  representatives  or  assigns,  do  or  shall  neg- 
lect or  fail  to  perform  and  observe  any  or  either  of  the  above  cov- 
enants hereinbefore  contained,  which  on  his  or  their  part  are  to  be 
performed,  then,  and  in  either  of  said  cases,  the  said  Lessor  or  those 
having  his  estate  in  the  said  premises,  lawfully  may,  immediately 
or  at  any  time  thereafter,  and  whilst  such  neglect  or  default  con- 
tinues, and  without  further  notice  or  demand,  enter  into  and  upon 
the  said  premises,  or  any  part  thereof,  in  the  name  of  the  whole, 
and  repossess  the  same  as  of  his  or  their  former  estate,  and  expel 
the  said  Lessee  and  those  claiming  under  him,  and  remove  his  or 
their  effects,  (forcibly  if  necessary)  without  being  taken  or  deemed 
guilty  of  any  manner  of  trespass,  and  without  prejudice  to  any  rem- 
edies, which  might  otherwise  be  used  for  arrears  of  rent,  or  pre- 
ceding breach  oi  covenant. 

Provided  aZ«o,Thatin  case  the  premises,  or  any  part  thereof,  shall 
during  said  term,  be  destroyed  or  damaged  by  fire,  or  other  unavoid- 
able casualty,  so  that  the  same  shall  be  thereby  rendered  unfit  for 
use  and  habitation,  then,  and  in  such  case,  the  rent  hereinbefore 
reserved,  or  a  just  and  proportionate  part  thereof,  according  to  the 
nature  and  extent  of  the  injury  sustained,  shall  be  suspended,  or 
abated!  until  the  said  premises  shall  have  been  put  in  proper  con- 
dition for  use  and  habitation  by  the  said  Lessor;  or  these  presents 
shall  thereby  be  determined  and  ended  at  the  election  of  the  said 
lessor  [^lessee]  or  his  representatives.* 

And  the  said  lessor  doth  promise  that  while  the  lessee  and  his 
representatives,  pay  the  rent  and  perform  the  covenants  herein  na 
med,  they  shall  peaceably  hold  and  enjoy  said  premises. 

In  witness  whereof,  the  said  parties  have  hereunto  interchange- 
ably set  their  hands  and  seals  the  day  and  year  first  above  above- 
mentioned.  A.  B.     [l.  8.] 

ExeetUed  in  presence  of  C.   D.      [l..  s] 

•  Without  an  express  covenant  to  the  contrary,  the  tenant  is  bound  to  con- 
tinue the  payment  of  rent,  though  the  premises  be  destroyed  by  fire,  and  the 
landlord  refuse  to  rebuild.  If  a  lessee  covenants  lo  pay  rent,  and  to  repair, 
with  an  express  exception  of  casualiies  by  fire,  he  may  be  obliged  to  pay  rent 
daring  the  whole  term,  though  the  premises  are  burnt  down  by  accident,  and 
never  rebuilt  by  the  lessor.  1  T.  K.  310.  Nor  can  he  be  relieved  by  a  court 
of  equity,  Anst.  687.  unless  perhaps  the  landlord  has  received  the  value  o(  his 
premises  by  insuring.  Amb.  621.  And  if  he  covenants  to  repair  generally, 
without  any  express  exceptions,  and  the  premises  are  burnt  down,  be  is  bound 
to  rebuild  ihem.    1  T.  R.  650. 

Guarantee  for  Payment  of  Rent. 

In  consideration  of  the  execution  of  the  above  written  lease,  at  onr  request 
we  do  hereby  guarantee  to  the  said  A.  B.the  true  and  punctual  payment  of  the 
rem  reserved  at  the  times  and  in  the  manner  therein  mentioned, and  in  default 
thereof  promise  to  pay  the  same  on  demand. 

Witness  our  hands  and  seals,  this day  of,  &c.  E.  E.    ^L.  r.] 

Executed  in  presence  of  F.  F.    [l.  a.] 

Lease  of  a  Farm  on  Shares. 
This  Indenture,  &c.      [same  as  preceding  Lease."} 

*NoTs.— Or  returned  to  said  C.  D.,  (in  case  the  rent  was  paid  in  advance. 


104  FORMS    OF   LEASES. 

Wltnesseth,  That,  in  consideration  of  the  covenants  herein  con- 
tained on  the  part  ot  the  said  C.  D.  and  his  representati\;es,  to  be 
kept  and  performed,  he,  the  said  A.  B  ,  doth  hereby  grant,  demise 
and  lease  unto  the  said  C.  D.,  and  his  representatives,  the  [iiere  de- 
scribe the  premises]  ;  and  all  the  stock  and  farming  utensils,  ot 
every  name  and  nature,  now  being  in  or  upon  the  same,  belonging 
to  the  said  A.  B. 

To  have  and  to  hold  the  above  mentioned  and  described  premises, 
stock  and  farming  utensils,  with  the  rights,  easements  and  appurte- 
nances thereto  belonging,  unto  the  said  lessee,  and  his  representa- 
tives, from  the  day  of  ,  eighteen  hundred  and  fifty  ,  for 
and  during  the  lull  term  of         years  thence  next  ensuing. 

In  consideration  whereof,  the  said  lessee  hereby  covenants  and 
agrees,  to  and  with  the  said  lessor,  that  he  will  occupy,  till,  and  in 
all  respects  cultivate  the  premises  above  mentioned,  during  the 
term  aforesaid,  in  a  husbandlike  manner  and  according  to  the  usual 
course  of  husbandry  ;  that  he  will  not  commit  any  waste  or  damage, 
or  suffer  any  to  be  done ;  that  he  will  keep  the  fences  and  buildings 
on  the  said  premises  in  good  repair;  and  that  he  will  deliver  to  the 
said  lessor,  and  his  representatives,  or  to  his  or  their  order,  one 
equal  half  of  all  the  proceeds  and  crops  produced  on  the  said  farm 
and  premises  aforesaid,  of  every  name,  kind  and  description,  to  be 
divided  on  the  said  premises,  in  the  mow,  stack  or  half  bushel,  accord- 
ing to  the  usual  course  and  custom  of  making  such  divisions  in  the 
neighborhood,  and  in  a  seasonable  time  after  such  crops  shall  have 
been  gathered  and  harvested. 

It  is  further  understood  and  agreed  between  the  aforesaid  parties, 
that  the  said  lessor  shall  furnish  in  due  season,  one-half  of  all  the  seed 
necessary  to  be  sown  on  said  premises, and  pay  half  of  all  taxes  which 
may  be  assessed  on  the  same ;  and  (hat  the  lessee  shall  do,  or  cause 
to  be  done,  all  necessary  work  and  labor  in  and  about  the  cultiva- 
tion of  the  said  premises;  that  he  is  to  have  full  permission  to  en- 
close, pasture,  or  till  and  cultivate  the  said  premi-<es,  so  far  as  the 
same  may  be  done  without  injury  to  the  reversion,  and  to  cut  all  ne- 
cessary timber  for  firewood,  farming  purposes,  and  repairing  fences. 

And  the  said  lessee  agrees  that  he  will  carefully  tend  and  fodder 
the  stock  kept  on  the  said  premises,  with  the  hay  and  other  fodder 
which  shall  grow  or  be  raised  on  said  premises;  and  that  he  will 
not  sell,  dispose  of  or  carry  away,  or  suffer  to  be  carried  away  from 
said  farm  any  of  the  hay  or  fodder  of  any  kind,  but  will  leave  there- 
on all  the  hay  and  fodder  which  shall  not  be  consumed  by  (he  stock 
aforesaid,  and  all  the  manure  which  shall  be  made  on  said  premises, 
for  the  sole  use  and  benefit  of  the  said  lessor. 

And  it  is  further  agreed  that  the  said  lessee,  and  his  representa- 
tives, shall  at  the  expiration  of  said  term,  peaceably  yield  up  unto 
■  the  said  lessor,  or  those  having  his  estate  therein,  all  and  singu- 
lar the  premises,  and  all  future  erections  and  additions  to  or  upon 
the  same,  in  good  tenantable  repair  in  all  respects,  reasonable 
wear,  damage  by  fire,  and  other  unavoidable  casualties  excepted. 

In  witness  whereof  the  said  parties  have  hereunto,  &c. 

A.  B.        [L.  S.J 
Executedin  presenct  of  C   D.  [l.  s.J 


SPECIAL   COVENANTS.  105 

Covenants. 

And  the  said  A.  B.  covenants  with  tlie  said  C.  D.  that  the  premise*  are  in 
food  teiiaiitable  condition,  and  especially  that  the  outbuildings,  privy,  ^c.,  are 
in  good  reiiair.  And  if,  at  any  time  during  the  term,  the  premises  shall  become 
untenantable  from  any  cause  other  than  the  wrongful  acts  of  the  tenant,  and 
the  lessor  does  not,  upon  notice  o(  the  fact,  forthwith  put  the  same  in  ten- 
antable  condition,  then  the  tenant  may  leave,  and  the  tenancy  thereupon  be 
determined. 

And  the  lessor  agrees  that  if  at  any  time  the  water  fixtures  (a  pump)  get  out 
of  repair,  or  the  water  becomes  impure,  from  any  other  cause  than  the  wrong- 
ful acts  of  the  tenant,  the  landlord  shall,  upon  notice  thereof,  cause  the  neces- 
sary repairs  and  cleansing  to  be  made  in  a  reasonable  time  ;  and  if  the  tenant 
is  obliged  to  buy  water  on  account  of  the  water  fixtures  being  out  of  repair,  or 
of  the  failure  or  impurity  of  the  water,  the  expense  thus  incurred,  the  tenant 
having  given  the  lessor  reasonable  notice  of  the  fact,  shall  be  deducted  from 
the  rent. 

And  the  lessor  further  agrees  that  he  will  keep  the  roof  and  outside  walls  of 
the  house  tight,  and  in  good  repair,  and  will  paint  the  outside  walls  every 
third  year,  and  paint  the  inside,  paper  the  rooms  &c. 

Arid  the  lessee  shall  have  the  right  to  extend  this  lease  four  years  from  its 
ter.iiination,  giving  tbtee  months  notice  previous  thereto  of  his  intention  to  do 
the  same. 

Covenant  for  quiet  enjoyment  of  Mortgaged  Premises. 

And  the  said  lessor  doth  promise  that  while  the  lessee  and  his  representa- 
tives, pay  the  rent  and  perform  the  covenants  herein  named,  they  shall  peace- 
ably hold  and  enjoy  said  premises ;  subject  however,  always  to  the  legal  rights 
(if  any)  of  the  owners  of  the  equity  of  redemption,  and  subsequent  mortgagees. 
Tenanfs  Special  Covenants. 

And  said  lessee  agrees  to  defray  all  the  expense  of  emptying  the  Drains, 
Privy,  and  Cesspool,  when  necessary,  and  keeping  the  same  conformably 
with  the  By  Laws  and  Ordintmccsof  the  city  of , 

And  said  lessee  agrees  to  pay  all  the  expenses  connected  with  the  Cochit- 
uate  Water,  and  all  damages  to  the  demised  premises  caused  thereby. 

And  further,  that  in  case  said  bnilding,  or  any  part  thereof,  shall  be  destroy- 
ed or  injured  during  the  term,  by  fire  or  other  casualty,  and  the  lessor  or  those 
having  his  estate  in  the  premises,  shall  rebuild  or  repair  the  same,  so  that  their 
value  shall  be  increased,  the  said  lessee  or  his  representatives,  shall  pay  such 
additional  rent,  for  the  residue  of  the  term,  as  shall  be  just  and  reasonable. 

And  it  is  further  provided  and  agreed,  that  either  party  may  at  his  pleasure 
terminate  this  lease  on  the  terms  and  conditions,  that  he  shall  have  fulfilled  all 
the  covenants  liereinon  his  part  contained,  that  he  8h;!ll  pay  to  the  other  pAtty 

the  sum  of dollars  for  his  privilege  to  terminate  the  lease,  and  that  he  shall 

give  to  the  other  party  ten  days' previous  notice  in  writing  of  his  intention  to 
terminate  the  same. 

And  tlie  said  lessee,  for  himself,  his  representatives,  and  assigns,  further  cove 
nants  anil  agrees  with  and  to  the  said  lessor,  his  representatives  and  assigns,  that 
he  or  others  having  an  estate  in  the  premises,  will  not  keep  or  sell,  or  suner  to  be 
kept  or  sold, any  ardent  spirits;  nor  will  he  use,  or  sufTcr,  or  permit  the  use  of 
camphenc  or  spirit  gas  on  the  premises  ;  and  the  said  lessee  fufthcr  agrees,  that 
ho  will  in  no  way  use  or  permit  the  use  of  any  inflammable  material,  whereby  the 
risk  from  fire  may  be  increased. 

And  inasmuch  as  the  glass  in  the  several  windows  of  said  promises  are  now 
entire  and  unbroken,  the  suid  lessee  promises  and  agrees  that,  in  this  particular, 
the  premises  shall  be  restored  to  the  lessor  in  the  same  condition. 

And  the  said  leasee  doth  hereby  covenant  and  agree  to  and  with  the  said  lessor, 

that  he,  the  said  lessee,  his  representatives  and  assigns,  shall  and  will,  within 

months  next  after  the  date  hereof,  lay  out  and  expend  the  sum  of dollars,  in 

repairing  the  said   tenement,  hereby  demised,  [or  shall,  and   will,  at  his  owo 
proper  cost  and  charges,  well  and  sufficiently  put  the  said  tenement  hereby  de- 
mised, in   a  goo<l,  sufficient,  and  teiiantablo  repair,  and   particularly  shall   and 
will]  (here  mention  the  particulars  agreed  on.) 
And  in  case  the  said  rent  or  taxes  shall  be  in  arrear  for  the  space  of  one  week, 


106  SPECIAL   COVENANTS. 

and  the  same  shall  have  been  duly  demanded,  on  or  aller  the  day  when  the  same 
■ball  have  become  payable  ;  or  if  the  lessee,  in  case  of  his  insolvency,  shall  fail 
to  give  reasonable  security  for  the  payment  of  all  sums  then  due,  and  thereafter 
to  growr  due,  under  this  lease  ;  the  lessor,  or  those  having  an  estate  in  tlie  prem- 
ises, whilst  such  neglect  or  default  continues,  may,  without  further  notice  or  de- 
mand, enter  upon  the  premises,  and  expel  the  lessee  and  those  holding  undei 
him,  or  may  otherwise  evict  him  or  them  without  prejudice  to  any  remedies 
which  might  otherwise  be  used  for  arrears  of  rent,  or  preceding  breach  of  cove- 
nant;  and  thereupon  the  lessor  may,  at  bis  discretion,  re-let  the  premises  at  the 
risk  of  the  lessee,  who  shall  remain  (for  the  residue  of  said  term)  responsible  for 
the  rent  heroin  reserved,  and  shall  be  credited  with  such  amounts  only  as  shall  be, 
by  the  lessor,  actually  realized. 

Thb  taxes  assessed  upon  the  whole  building,  (when  occupied  by  more  than  one 
tenant,)  are  to  be  apportioned  every  year  upon  the  several  apartments  in  the 
building  rateably,  accordmg  to  the  rent  reserved  for  each  occupant  at  the  time  of 
the  assessment,  and  the  proportion,  or  amount  payable  by  the  said  lessee,  is  to  be 
ascertained  in  that  manner. 

If  at  any  annual  assessment  of  taxes,  any  apartment  is  not  let,  the  rate  of  rent 
thereof  existing  at  the  next  preceding  assessment,  (or  a  rent  proportioned  to 
those  then  occupied)  shall  be  taken  for  the  purpose  of  this  apportionment. 

And  also,  will  Iteep  all  and  singular  the  said  premises  in  such  repair  as  the 
same  are  in  at  the  commencement  of  said  term,  or  may  be  put  in  by  the  said  les- 
sor, or  his  representatives,  during  the  continuance  thereof;  and  pay  all  charges 
for  cleansing  which  may  be  payable  for,  or  in  respect  of  the  premises,  or  any  part 
thereof,  during  the  said  term. 

AftD  the  said  lessee  further  covenants,  that  he  wiT.  not  suffer  any  ashes  to  re- 
main in  the  said  building,  after  the  same  are  taken  from  the  hearth  or  stove,  unless 
in  a  safe  deposit  of  brick  or  stone  ;  nor  do  any  act  or  transact  any  business  by 
which  the  insurance  of  said  building  may  he  affected. 

And  that  he,  the  said  B.  B.,  will  not'carry  on  in  the  premises  any  offensive 
trade  or  business,  nor  make,  or  suffer  to  be  made,  any  alterations  therein,  but 
with  the  consent  in  writing  of  the  lessor. 

Landlord's  Special  Covenants. 

And  the  said  A.  A.,  for  himself,  his  representatives  and  assigns,  does  covenant 
promise,  and  agree,  that  the  said  lands  and  premises  are  free  and  clear  of  and 
irom  all  former  and  other  gifts,  grants,  bargains,  sales,  leases,  judgments,  execu- 
tion*, taxes,  assessments,  and  incumbrances,  what  ■soever. 

And  that  the  said  A  A.,  his  representatives  and  assigns,  shall  and  will  on  or 
before  the  expiration  of  this  present  lease,  on  the  request  and  at  the  cost  and 
charges  of  the  said  B.  8.,  his  represent^itives  or  assigns,  grant  and  execute  to 
him  and  them  a  new  and  fresh  lease  of  the  premises  hereby  demised,  with  their 
appurtenances,  for  the  further  term  of  ten  years,  to  commence  from  the  expiration 
of  the  term  hereby  granted  ;  the  same  to  be  at  the  same  yearly  rent,  payable  in 
like  manner,  and  under  and  subject  to  the  like  covenants,  provisoes  and  agree- 
ments as  are  contained  in  these  presents  ;  such  new  lease,  however,  to  be  granted 
and  valid  on  condition  that  the  said  15.  B.,  his  repres^itatives  or  assigns,  do  exe 
cute  a  counterpart  thereof,  and  also  pay  the  said  A.  A.,  his  representatives,  or 

assigns,  the  sum  of dollars,  at  the  time  of  executing  said  lease,  as  and  by 

way  of  fine  or  premium  for  the  renewal  thereof. 

And  the  said  lessor,  his  representatives  or  assigns,  shall  and  will,  at 
his  or  their  own  proper  costs  and  charges,  cause  to  be  well  and  sufficiently 
painfd  all  the  outside  wood  and  iron  work  belonging  to  the  said  premises  every 
third  year  during  the  continuance  ol  the  said  term,  and  shall  and  will,  also,  nt  his 
and  their  like  proper  costs  and  charges,  during  the  said  term,  keep  in  good, 
lufficient  and  tenantable  repair,  as  well  all  and  singuhr,  the  glass  and  other 
windows,  rooms,  floors,  partitions,  ceilings,  walls,  roof,  gutters,  fences,  pave- 
ments, grates,  sinks,  privies,  drains,  wells  and  water  courses,  as  also  all  and 
every  other  the  parts  and  appurtenances  of  the  said  premises. 

Provided  however,  that  in  case  the  premises,  or  any  part  thereof  shall,  during 
■aid  term,  be  destroyed  or  damaged  by  fire  or  other  unavoidable  casualty,  so 
that  the  same  shall  be  thereby  rendered  unfit  for  use  and  habitation,  then,  and  in 
■uch  case,  the  rent  hereinbefore  reserved,  or  a  just  and  proportionate  part  thereof, 
according  to  the  nature  and  extent  of  the  injury  sustained,  shall  he  suspended  or 
abated,  until  the  premises  shall  have  been  put  in  proper  condition  for  use  and 
habitation,  by  the  lessor,  or  those  having  an  estate  in  the  premises  ;  unless  the 
■aid  lessee  shall  e'ect  to  terminate  the  lease  which,  in  nuch  case,  he  shall  have  the 
right  to  do,  and  the  estate  of  the  lessee,  and  those  holding  under  him,  herein  shall 
b«  thereby  determined. 


NOTICES  TO  QUIT.  107 

Notice  to   Quit  —  by  the  Landlord. 
~  Mr.  B.  B. — Sir  :    You  are  hereby  notified  to  surrender  and  de- 
liver up  to  me  the  possession  of  the  house  and  lot,  known  as   No. 
,  in  B  street,  in  the  city  [or  town]  of  B.,  and  to  remove 

therefrom  on  the  day  of  next,  according  to  law,  it  being  my 
intention  to  det<>rmine  the  tenancy.  Yours,  &c. 

B        ,  Jan.  1,  1848.  A.  A.,  Landlord. 

Notice  to  Quit — by  the  Tenant. 

Mr.  A.  A. — Sir:     I  hereby  give  you  notice,  that  I  shall,  on  the 

day  of  next  ensuing,  quit  possession,  and  remove  from 

the  premises  I  now  occupy,  known  as  No.  ,  in   B  street, 

in  the  city  [town]  of  B.,  according  to  law,  it  being  my  intention  to 

determine  the  tenancy. 

Yours,  &c.,  B.  B.,  Tenant. 

B        ,Jan.  1,18— . 

Notice  to  Quit  by  Landlord,  on  Non-payment  of  Rent. 
Sir:  I  hereby  give  you  notice  to  surrender  and  deliver  up  to  me 
the  possession  of  the  house  and  lot  known  as   No.  ,  in   B 

street,  in  the  city  of  ,  [or  town  ot  ,]  the  rent  of  which  you 

have  failed  and  neglected  to  pay  for  the  past  *;  and  to  remove 

therefrom  in  days  from   the  date  of  this  notice,  according  to 

the  statute  in  such  case  made  and  provided. 

Yours,  &c.  A.  A.,  Landlord. 

B         ,  April  2,  184—. 

Notice  to  Quit  the  Premises,  or  pay  Double  Rent.f 
Mr.  B.  B. — Sir  :  You  are  hereby  notified  to  surrender  and  yield 
up  to  me  on  the  day  of  next,  possession  of  the  premises 

in  B         street,  in  the  city  of         ,  [or,  town  of  ,]  which  you 

now  hold  of  me.     In  failure  whereof  I  shall  require  and  insist  upon 
double  the  value  ot  the  said  premises,  according  to  the  statute  in 
such  case  made  and  provided.      Yours,  &c.  .  A.  A.,  Landlord. 
New  York,  May  2,  1847. 

Assignment  of  Lease,  to  be  endorsed  on  the  Lease. 

In  consideration  of  the  sum  of  dollars,  to  me  paid  by  C.  C, 

the  receipt  whereof  I  hereby  acknowledge,  I  have  granted,  as- 
signed, and  set  over,  and  by  these  presents  do  grant,  assign,  and  set 
over  unto  the  said  C.  C,  his  representatives  and  assigns,  the  lease 
within  written,  for  the  remainder  and  residue  of  the  term  therein 
mentioned. 

To  have  and  to  hold  the  samr,  with  the  rights,  easements  and 
appurtenances,  unto  the  said  C  C,  his  representatives  and  assigns, 
in  as  full  and  ample  a  manner  as  the  same  is  conveyed  to  me,  under 
the  yearly  rents  and  covenants  within  reserved  and  contained,  on 
my  part  to  be  done,  kept  and  performed,  as  well  the  within-wrilten 
indenture,  as  also  all  the  term  and  interest  in  all  and  singular  the 

•  AVeek,  Mouth,  Quarter,  &c.,  as  the  case  may  require.  —  See  Statutes 
relalinn  to  Notices,  in  Chapter  III,  and  al-o  pajres  25,  26  and  27. 

t  In  New  York,  when  the  tenant  wilfully  holds  over  after  the  expiration  of 
the  term,  and  notice  to  quit,  the  landlord  is  entitled  to  double  rent. 


lid  FORMS    OF   ASSIGNMENTS. 

lands,  tenements  and  premiges,  within-mentioned,  yet  remaining 
under  and  by  virtue  ot  said  indenture. 
In  witness  wiiereof,  I  have  hereunto  set  my  band,  &c. 

B.  B.     (l.  bA 
Executed  in  presence  of 

Asstgnment  of  a  Lease. 

Know  all  men  by  these  presents,  That  I,  B.  R.,  of  , 

for  and  in  consideration  of  the  sum  of  dollars  to  me  paid  by 

C.  C,  oi  ,  have  granted,  assigned,  and  set  over,  and  do  hereby 

grant,  assign,  and  set  over,  unlo  the  said  C.  C  ,  his  representativeg 
and  assigns,  a  certain  indenture  of  lease,  dated  the  day  of 

A.  D.  one  tiiousand  eight  liundred  and  forty  ;  made  by  A.  A., 

of  ,  to  ine,  the  said  B.  B.,  of  a  certain  dwelling-house  and  lot, 

situate  in  ,  with  all  and  singular  the   premises  therein  men- 

tioned and  described,  and  the  buildings  thereon,  together  with  the 
appurtenances ;  to  have  and  to  hold  the  same  unto  the  said  C.  C, 
his   representatives  and  assigns,  from   the  day  of  next, 

for  and  during  all  the  rest,  residue,  and  remainder,  yet  to  come,  ot 
and  in  the  term  of  years  mentioned  in  the  said  indenture  of 

lease  ;  subject  nevertheless  to  the  rents,  covenants,  conditions  and 
provisions  therein  also  mentioned. 

And  1  do  further  covenant  and  agree,  to  and  with  the  said  C.  C. 
that  the  said  assigned  premises  are  free  and  clear  of  and  from  all 
former  and  other  gifts,  grf.nts,  bargains,  taxes,  sales,  leases,  assess- 
ments, judgments,  executions,  and  incumbrances  whatsoever. 

In  witness  whereof  the  said  p.irty  of  the  first  part  has  hereunto 
set  his  hand  and  seal  the  day  and  year  above  written. 

B.  B.     [L.  s.] 
Sxteuted  in  presence  of 

Surrender  of  a  Lease  to  the  Lessor,  by  Endorsement. 

Know  all  men  by  these  presents.  That  I,  B.  B.,  of  , 
in  the  county  of  ,  in  consideration  of  dollars,  to  me  in 

hand  paid  by  A.  A.,  h.^ve  granted  and  surrendered,  and  by  these 
presents  do  .grant  and  surrender,  to  A.  A  ,  his  representatives  and 
assigns,  the  within- written  indenture  of  lease  of  the  lands  and 
premises  therein  mentioned,  and  all  and  every  the  rigiits,  ease- 
ments and  appurtenances,  estate,  title,  interest,  term  of  years  yet  to 
come  and  unexpired,  and  the  reversion  and  reversions,  remainder 
and  remainders  of  the  same ;  which  lands  and  premises  are  free 
from  and  clear  of  all  incumbrancer,  of  what  kind  soever,  to  have 
and  to  hold  the  same  unto  the  said  A.  A.,  his  representatives  and 
assigns,  for  ever. 

In  witness  whereof  I  have  hereunto   set  my  hand  and  seal  thia 
day  of  ,  18—. 

B.  B.  (I..  8.) 

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